Old Bailey Proceedings, 2nd February 1857.
Reference Number: t18570202
Reference Number: f18570202

CENTRAL CRIMINAL COURT.

FINNIS, MAYOR. FOURTH SESSION.

A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, February 2nd, 1857.

PRESENT—The Right Hon. the LORD MAYOR; Sir JOHN MUSGROVE., Bart., Ald.; Mr. RECORDER.; Sir ROBERT WALTER CARDEN., Knt., Ald.; Mr. Ald. LAWRENCE.; and Mr. COMMON SERJEANT.

Before Mr. Recorder and the First Jury.

Reference Number: t18570202-251

251. THOMAS TOMKINS and WILLIAM MISSENDEN , stealing 1 heifer, value 11l.; the property of William Gibson. 2nd COUNT., feloniously receiving the same.

MR. ROBINSON. conducted the Prosecution.

WILLIAM GIBSON . I am a farmer, of Sudbury. I purchased a red heifer of Mr. Wilson—I missed it on 11th Nov.; I had last seen it safe on the 9th, on Mr. Wilson's premises—I informed the police, and on 21st Dec., saw it in Mr. Vickers's field, at Kingsbury—I saw Tomkins that day—Kench, who was with me, said, "Mr. Gibson has found his heifer, and I want to know where my bull is"—Tomkins said, "I shall not tell you"—he afterwards said, "I had the heifer, and Missenden had the bull, and it has gone down home"—we took him to Edgware, and he said that he would not tell us any more; he said, "You cannot make me, and I shall not tell you"—I gave him into custody—I may have asked him about their being fetched out of the paddock; I think he said that Mr. Missenden told him to fetch them out of the paddock—the heifer was taken possession of by the police.

Cross-examined by MR. SLEIGH. Q. After that was it sent to the yard of some public house in the Edgware-road? A. Yes, the Crane; it remained there, a fortnight, I think—Tomkins said that he had seen me previously, but I do not recollect ever seeing him before—I think that was said at the Green Man, at Kingsbury—Tomkins said that he had orders from Missenden to take them out of the paddock, and that he had sold the heifer for Missenden—he said, "The bull has gone down home"—I do not remember whether he called Missenden his master, he might have—I am certain he

mentioned Missenden's name—I had bought the heifer, I think, about three weeks before—I live about two miles from Mr. Wilson—I was in the habit of going there very frequently; four or five times a week, but sometimes not so much—he said, "You cannot make me tell you any more"—I will not say that it was not, "Any more than I know;" or whether he said, "I have told you all I know."

Cross-examined by MR. RIBTON. Q. Do you know Missenden? A. Yes, for two or three years—I know that he buys cattle in the market, I have bought cattle of him—I do not know where he lives, but I believe it is at "Water Eaton; I have only been there twice; I should think it is forty miles from Greenford-green—I believe he was in the habit of sending cattle to his place by railway—the station he sent them from would depend on where he bought them; and if they were going to the fair at Kingston, they would be put off at the Harrow station—Tomkins told me that he lived at the Green Man, in Kingsbury—I know nothing of him; but he said that he knew me—when I went to see Missenden, I got out at the Bletchley station; I cannot say that I have never heard anything against Missenden's character; I have heard say that there has been a case of this sort before, but cannot say whether it is true or not—stray cattle may find their way into a herd, but persons have no right to sell them—that is all I know against him.

MR. ROBINSON. Q. Where was it you heard that there had been another such case? A. At Cheddington, that is down the line on this side of Bletchworth—cattle taken off the line at Harrow to go to Kingston, would come right by Mr. Wilson's place.

----BEAUCHAMP. I am a dairyman, of Hampton-wick, and have a field into which cattle are turned. Before 11th Nov., I met Tomkins on Kingston-bridge—two or three days before that I met Missenden, and he agreed for turning more beasts into the meadow, but he did not turn in the quantity that he agreed to—that was all that took place; and on 11th Nov., Tomkins came with a lot of cattle; I asked him if they were Mr. Missenden's things, and he said, "Yes"—I told him he was to take the bulls to Kingston, and leave the heifers behind, and put them in the paddock—he had thirty-four heifers with him; one of which was the one which was left with the bull by Missenden—on 13th Nov., I saw the two prisoners in the field together—I had more cattle in that field on 13th Nov., as near as I can recollect, 143—this (produced) is a memorandum which I made on the day the beasts were turned in—they took away 141, leaving two behind, a bull and the heifer, which I have since seen in the possession of the police—Missenden would not take the heifer to the fair that day, because, he said, it was not fit to go, as it had taken the bull the night before—that was true—I could tell that from the appearance of the heifer—nothing was said about leaving the bull, but the bull was left—after that I met Mr. Smith, who was anxious to buy a couple of heifers; I took him to the meadow, and said, "That is Mr. Missenden, and that is the heifer"—I did not hear what he said to Missenden, but I saw them speaking together; they went one way up the meadow, and I the other—on 14th Nov., I saw Missenden in the fair field, and agreed with him that whatever beasts he left behind he was to pay 18d. a week for, and if he did not send the same man that put them in, he would send a note, and the money—the man who put them in came on 9th Dec.; he said that he came for the bill and heifer for Mr. Missenden; I told him to go up the meadow, and I would overtake him; I made the bill out, overtook him, and gave him the bill, and he paid me the money, 10s. 6d.—I receipted

the bill, this is it (produced)—my sister made it out, and I signed it—he took the two beasts away—I saw the heifer again on 24th Dec.—I was at the first examination, and on the second I swore to the heifer.

Cross-examined by MR. RIBTON. Q. I suppose it is usual for cattle to be left with you before the fair? A. Yes—I did not know Missenden before—Tomkins is a drover—eighty-six of Missenden's cattle were put in first, bullocks and heifers—one of Missenden's men came with them; I do not know his name; I might know him if I saw him—there were thirty-four in the second lot, all heifers, and twenty-three in the third lot—I cannot tell who was with them—there was one bull among Missenden's own cattle—there was only one bull among the 143 head of cattle brought to me—(A man named Hickmott, and a boy named Hosier, were here brought into Court)—that man brought some—I cannot say whether the boy brought any—eighteen bullocks came with the thirty-four heifers, but they went to Kingston, and the heifers were put in the meadow—I did not count the bulls—Tomkins took them on to Kingston—I think the cattle were at my place two nights before they were sent to the fair—I know nothing about the bulls—they all arrived at my place on 11th Nov.; the fair was on the 13th, and I saw Missenden on the fair morning in the paddock—there were 143 cattle of his there, and about ten besides his; I am including the heifer which is the subject of this indictment—the other ten were Scots; there were no heifers among them; they were bullocks—Missenden told me to meet him at Kingston, and he agreed with me that, if any remained unsold at the fair, I was to have 18d. a week for them in the meadow—this was about a quarter to 1 o'clock—the cattle were driven to the fair on 13th and 14th Nov.; I helped him out of the field with them; he and Tomkins were both present, and several men with them, but there were none of my men—all Missenden's cattle were taken to the fair, except the bull and heifer; he brought some back the next day, I cannot tell how many, or whether there were twenty or forty heifers—they were put into the same field as the heifer and the bull—I never saw Missenden afterwards; he was in the meadow on the 14th, when the cattle were driven away the second time to the fair, but he said nothing to me on the subject of the heifer which is the subject of this indictment—I saw him in the fair that day, and he said that what I had put in the field he would pay 18d. a head for—on the first day of the fair he said that he should not take this particular heifer to the fair, as it was not fit to go—I was close against the heifer when he said that, and could judge from her appearance that that was so in reference to the bull—I had no conversation with him in reference to the bull—he gave me a sovereign deposit when he came in and took the grass, and he paid me the rest on Kingston fair morning, 5l.; it was 6l. altogether—he agreed to pay me 6l., whether the number was 170 or 180, but he only put in 143—he gave me the 6l. for them—I did not give him a receipt—I think 300 was the number in the first instance, but I cannot say.

MR. ROBINSON. Q. Was there but one bull on your premises? A. Only one; there were 142 other cattle—the ten Scots were easily distinguishable from the rest of the cattle—it was on the 14th that he said he should send for what he left behind—the fair was on the 14th as well as the 13th.

JOHN PLOUGH SMITH . On 13th Nov. I was at Kingston fair, and Benham spoke to me at my own door—in consequence of what he said, I went into the field to see the heifer, and was introduced by him to the two persons who were driving the beasts out—no name was mentioned in the field, but he had told me that Missenden had got some beasts in the field; and

that there was a nice heifer—Beauchamp said to him, "This is Mr. Smith, he will buy the heifer of you"—I do not remember Missenden—I asked the price of the heifer, and he told me 11l.—I said that I could not think of giving that price—he said that he would not take less, and we parted—I cannot say whether Tomkins was by, or not—I only know him by seeing him in Court.

WILLIAM THOMAS FAIREY . I am a commission slaughterer, and live at Ram-yard, Spitalfields. I know Tomkins by sight—he brought me a brindled bull and a heifer on 9th Dec.—he asked me 11l. for the bull, and I gave him 9l.—the heifer stopped in the yard the whole of the night, and was taken away next morning—I have seen it since, but could not swear to it, as it was between the lights; it was the same colour.

Cross-examined by MR. SLEIGH. Q. Have you known him some time acting as a drover for whoever employed him? A. Yes, for five or six years—I never knew anything wrong of him.

Cross-examined by MR. RIBTON. Q. Do you know Missenden? A. I have known him these ten years—he deals very largely indeed in cattle, buying at one fair or market and selling at another, and sending them by the trains—he has always borne the character of a highly honest and respectable man—I have had business transactions with him, and always found him honest—mistakes very frequently occur with persons who are dealing in cattle in that way.

MR. ROBINSON. Q. What sort of mistakes? A. Very frequently, when a drove of beasts come along the road, and another drove comes by, they get mixed together, that is a daily occurrence—the men know the number they have, but they will get mixed at times.

RICHARD VICARS . I am a farmer of Kingsbury, and know Tomkins—on 16th Dec. he brought a heifer when I was not at home—I saw him afterwards, and he said that he brought it there for me to keep per week, or if I liked to buy it, I could have it—he asked 8l. for it, and I, of course, wanted it for 7l. 10s.—he said that it cost 7l. 10s., but did not say who it cost that—he said that it was in calf—I asked him how he knew that—he said that the person he brought it from told him so—he did not say how recently he brought it—I asked him what part he brought it from, and he said, "London ways, "—I bought it, and took it into my field—it was seen by the prosecutor on the Sunday morning following—I gave it up to the prosecutor.

Cross-examined by MR. SLEIGH. Q. Have you known him as a drover? A. Yes; he is a decent, respectable man.

Cross-examined by MR. RIBTON. Q. Did you pay Tomkins any money? A. No; there was a little debt between us; he owed me from 6l. to 8l.—I did not tell him that I would stop the payment—he told me that he should be at market on the next day—I expected to meet him at Copenhagen Fields market, and there I intended settling with him—I had no conversation with him about settling, but I said that I wanted my money, and he said that he had got a heifer he could sell me, and I said that I would as soon have it as money—it was brought, and I bought it.

MR. SLEIGH. Q. How many days before the heifer was brought by Tomkins was that? A. Some days before, I cannot say exactly—I know nothing against him—I had not on former occasions bought beasts of him—I have bought sheep of him, but not while he was in the employ of other persons as a drover that I know of—I have known him as a drover for Missenden about twelve months ago at Kingston fair: he has been in a good many persons' employment since—I know nothing about the mode in

which butchers buy and sell—when the heifer was brought to me he did not ask me to give him money, he left the heifer with me, and I expected that it was to be in liquidation of the debt—he had owed me that money since the 11th or 12th Nov., the month before.

NATHANIEL KINCH . I live at Woodcock-hill, Harrow. On 9th Nov. I had a bull safe—I missed it a fortnight afterwards—I was in company with Mr. Gibson at Kingsbury fair on 21st Dec., and saw Tomkins there—I told him that Mr. Gibson had found the heifer, and where was the bull; he made no answer for some time—he hummed and ahed about it, and I cautioned him, "Mind what you say, I know all about it, I know where you have taken it"—he said that the bull was gone away down to Mr. Missenden's in the country, to one of his men, and had there been sold—he said that he would not say any more, and that I could not make him—we did not ask him anything about the heifer, because we had found it—I have never seen the bull since.

Cross-examined by MR. SLEIGH. Q. Did not he say that the bull was sold, and gone down into the country? A. I understood him so—he said that he thought it was gone down into the country to one of Mr. Missenden's men—I have always been quite certain that he said that—he said that one of Mr. Missenden's men had it, that it was sold and gone—that is all I positively swear to his having said—I will swear he said that he believed it had gone down into the country—Mr. Gibson was present.

Q. Was not this what Tomkins said, or to this effect, "I have told you all I know, and you cannot make me tell you any more?" A. No; he did not say he had told me all he knew, he said, "I will not tell you any more, and you cannot make me"—this was on 21st Dec., Sunday morning—bills have been printed and issued about the country, about the bull—I had no conversation with Tomkins about it previous to 21st Dec.—we did not say anything about the heifer, we only accused him about the bull—I do not know whether I told him that the bull had been stolen, that had been mentioned, and we said that we suspected him of stealing it—I said, "We have found the heifer, where is the bull?"—I do not think I said, "We believe you have stolen them," nor did Mr. Gibson that I am aware of—we gave him in charge for stealing them, but I do not know that we said, "We suspect you have stolen them"—I do not recollect that I said to him, "We believe you have had something to do with stealing them"—I had known him previously, but not as Missenden's drover—he has sheep put out to grass in Buckinghamshire—I have known him two years perhaps, during which time he has been in the employment of one person after another as drover—I heard that he was employed by Missenden about twelve months ago.

MR. ROBINSON. Q. Is he a jobbing drover? A. Yes; he drives for anybody that wants him.

JOHN LOTES . (policeman, S 219). On 21st Dec., Tomkins was given into my custody, and I said that, he was charged with stealing a heifer belonging to Mr. Gibson—he said that Mr. Missenden employed him—I searched him, and found several letters and receipts—this receipt (dated 9th Dec.) is one of them.—BEAUCHAMP re-examined by MR. SLEIGH. Missenden did not at any time say anything to me about where he had bought the heifer.

NATHANIEL KINCH . re-examined by MR. SLEIGH. I heard Missenden say that he thought he had bought the heifer of Shadrach Tomkins, that he bought some half bred heifers of him—he said that down at his own house, when I

went down to see him—I went down twice, on the 20th and the 21st—I went down to ask him about the bull and the heifer, and he promised me that the bull and heifer should be at Harrow station between 9 and 10 o'clock on Tuesday—I told him that from information I had received, I had every reason to believe that this heifer and bull were in Kingston paddock, and were taken away from there on the 9th—he would not tell me where they were—I asked who he employed to drive them—he said Tomkins—I then went home, and ascertained where the heifer was, and sent to Mr. Gibson, who owned it—we took Tomkins into custody, and then went off by the next train down to Missenden—he then told me that he thought he bought this heifer of Shadrach Tomkins, he bought some half bred heifers—I understand that Shadrach Tomkins is a cousin of this Tomkins—it was on the 20th that he said the bull and the heifer should be at the Harrow station on Tuesday, between 9 and 10 o'clock—I dare say there was a good deal more conversation; I sat up with him all the Sunday night—I cannot call to mind whether he said anything more about the bull and the heifer.

MR. RIBTON. Q. Was it on the first occasion that he said they should be at the Harrow station on the Tuesday following? A. Yes—I told him that I had heard that a bull and heifer had been at the paddock—he said he would see about it, but he promised me positively they should be there between 9 and 10 o'clock—I told him on the second occasion that Tomkins was in custody—I described the heifer to him—he then said he had bought six half bred heifers of Shadrach Tomkins, and he thought that heifer was amongst them—he did not tell me where he bought the bull.

MR. ROBINSON. Q. Did he say that about Shadrach Tomkins before or after you told him that Tomkins was in custody? A. I think he did before and after too—Mr. Gibson had seen him in Smithfield before I saw him—I did not tell him that—I think what I first said was that we came to see about this bull and heifer that Gibson had been questioning him about, in the market, on the Friday before—Mr. Gibson went there with me, but I do not think he went in at first—his answer was, "Oh, I will see about it"—I asked him who he employed to drive, and he said, "Tomkins"—I do not remember anything more.

WILLIAM GIBSON . re-examined. I first saw Missenden on the Friday—I asked him whether he had got a bull and a heifer in Hampton paddock—he said, "Yes, for what I know"—I said, "I have every reason to believe it is my heifer, I cannot say about the bull"—he said, "Don't say anything more about it now, I will see you on Monday"—I then went to Mr. Monk's man, and after having some conversation with him, I came back to Missenden, and said to him, "This is the man that saw the heifer in the paddock, and gave me information of it"—he said, "I will see about it, I will see you on Monday"—I said, "Very well, you will see that my heifer comes?"—he said, "I will."

MR. SLEIGH. Q. You never saw him afterwards? A. Yes, I went down on the Saturday and Sunday—he said on the Saturday, "I can't meet you on Monday, I am going to Newport Pagnel fair, but you shall have the bull and heifer at Harrow station between 9 and 10 o'clock on Tuesday morning"—he walked with us to the station, and wished me not to go on any more about it then—he said, "You will let it bide over till Tuesday morning, I will see that you shall have your bull and heifer home"—I said, "It is not my bull, this is the gentleman that it belongs to"—he said, "I will see that they come to Harrow station"—we then left him—he

did tell me on the Saturday or Sunday where he bought the heifer, or how he became possessed of it—he said he bought some heifers of Shadrach Tomkins, but he did not say whether this was the heifer or not, he did not know.

MR. RIBTON. Q. Where was it that you had this conversation with him on the Friday? A. Up at the new market in Copenhagen-fields—he was selling some sheep there—he then told me that Tomkins was his man that took home his things from Kingston fair—he said he would see about it, on the Friday, in Smithfield—I saw him on the Saturday, at his own house—he walked with me to the station on the Saturday evening—Tomkins was not in custody then.

MR. ROBINSON. Q. What was it he said about saying no more about it then? A. I was to let it bide till I went down the next afternoon or evening—I went down the next day, and he was not at home—what he said on the Saturday was, "Say no more about it, I will see that you have the bull and heifer at Harrow station"—he did not say anything about letting it bide on any other occasion—the next time I went down he knew that I had found the heifer.

MR. RIBTON. called the following Witnesses for Missenden.

THOMAS HICKMOTT . I was in the employment of Mr. Missenden. I worked for him—I recollect, in Nov., taking some beasts for him—I got into the train at Leighton Buzzard—it was on 8th Nov.—there were thirty-three in the first drove—I went with them, no one else—they were bullocks and heifers—I took them to Harrow station—I saw Tomkins there—he met me at the station—Mr. Goodchild and James Barton were with him—the thirty-three bullocks and heifers were taken away from me—Tomkins and Goodchild drove them away—I waited at the station till another lot came up—that was a lot of forty-nine—I counted them—I had to wait about three hours before they arrived—they were bullocks and heifers—Barton and I took and put them into Tomkins' keeping—I slept at Tomkins' house that night—it was Saturday night—I saw where the forty-nine were put—they were put into a field—next morning I went into the same field—Tomkins was with me—we counted the beasts—I did not say anything to Tomkins—I did not go with him to Kingston, with that lot—a third lot came—I saw the third lot arrive—they were eighteen, all bulls—I went to Kingston with them—I drove sixteen of the eighteen, the other two were left in the paddock because they were weaker than the others—they were not left at Tomkins', but in the pens at the Harrow station—the sixteen bulls were driven on to Kingston—I put them into Mr. Wilcox's keeping—I counted the beasts that were in Tomkins' field on the Sunday morning—I found that there were then fifty in the field—I saw one beast among them that I knew did not belong to my master—it was a big red bull—I had not put that into the field the night before—Tomkins came along with the fourth lot.

COURT. Q. When you put the forty-nine into the field, were there any there? A. I do not know, it was a dark night, I could not see—I only turned them through the gate, into the field—the fiftieth animal was a big red bull—I do not know what is called a brindled bull—I did not see what was done with that bull—it went to Kingston fair, with the heifers—it was not one of the lot that I drove—it went into the field, I do not know whether it went into the fair—I saw it in a field at Kingston—I do not know who the field belonged to—it was in the same field with the heifers—my master did not come with me that day, or see any of those

lots—I left him at his place when I came away—I did not see him again till the day I came to Kingston fair, the Thursday morning—this was on Saturday, 8th Nov.

Cross-examined by MR. ROBINSON. Q. Are you in Mr. Missenden's service now? A. No—I left it ever since Kingston fair—I was paid off at Kingston fair—I first heard of this again on Sunday, 4th Jan.—it was my duty to go up and down to London, taking beasts—I have been in the habit of doing that frequently—it was Mr. James Missenden, the prisoner's brother, that spoke to me on the subject, on 4th Jan.—I was at home then, at Bletchley—he came and spoke to me on the subject—he said something to me about 8th Nov.—that was not the first thing that enabled me to remember that it was 8th Nov.—he asked me what time it was when I went up with the beasts—I told him it was on 8th Nov.—I saw Mr. Missenden (the prisoner) on 8th Nov., at Water Eaton, as I left home between 7 and 8 o'clock in the morning—I did not see him again till Thursday morning, the day of the fair—that would be the 13th—the beasts were not all taken to Kingston the day after I came up from Bletchley—I came up with the first lot on the Saturday—they staid at Tomkins' on the Saturday night and Sunday night—they went to Kingston on the Tuesday—it was on the Sunday that I saw the extra bull there—I know it was the Sunday—I first saw Mr. Missenden on the 13th, in the field where the heifers were—I did not see him at his place on the Friday—I do not know where he was on the Friday—I left Bletchley at 6 o'clock on the Saturday morning—I saw Mr. Missenden between 7 and 8 o'clock, at Water Eaton—we started from Water Eaton with the beasts, and drove them to Leighton Buzzard station—I began driving them between 7 and 8 o'clock in the morning.

MR. RIBTON. Q. Are you sure it was on the Saturday before Kingston fair, that you took them? A. Yes—it was Mr. James Missenden that gave me the beasts on that morning, he counted them to me—I worked for Mr. James Missenden before—I was employed for this job, I was paid by Mr. Missenden at the fair, and went home.

JAMES MISSENDEN . I am the prisoner's brother. I recollect the 8th Nov.—I employed Hickmott to take some beasts from Leighton to Harrow station—there were thirty-three bullocks and heifers in the first drove; I sent him with them—I sent forty-nine bullocks and heifers with another drove—no one was sent with them, the boy was to see that the first lot came off safe, and then wait at the Harrow station for the other—a third lot was sent on 11th Nov.—I did not send any more on the Saturday—on the 11th, I sent eighteen bulls from Bletchley station—that is all I know about it.

Cross-examined by MR. ROBINSON. Q. You sent these beasts from Bletchley, did you? A. Yes, to Harrow; I cannot say where my brother was; I believe he was at Leighton market; at all events I did not see him—the boy went along with me with the beasts, from Water Eaton to Leighton station—I was there when the boy arrived—he went to the station with them—I stopped and got the other lot ready—I went to Leighton with the first thirty-three—the boy went up with that drove, and I went back—I never saw my brother at all that morning.

MR. RIBTON. Q. You did not see him that morning? A. Yes, I did; he gave me the money to pay the fare—that was on 8th Nov., I should think about 6 o'clock, before the beasts were sent away—he was at home on that day—I live near him, within half a mile I should say—I do

not recollect seeing him on the Friday—Friday was not a market day anywhere—it was on the 11th that he was at Leighton market—I cannot say where he was on Saturday, the 8th—I saw my brother at 6 o'clock on the Saturday morning, at his own house, and he there gave me the money to pay for the carriage of the beasts—I do not know when he left to go to Kingston fair; he was a good deal from home.

MR. ROBINSON. Q. You said at first that you had not seen your brother at all that morning, because he was at Leighton market; You now say that you did see him at 6 o'clock on the Saturday morning? A. No, not on the Saturday—it was on Saturday, the 8th, that he gave me the money for the railway fare, I should say somewhere about six o'clock in the morning—I cannot say at what time the beasts started to go up to Harrow; I should say from 12 to 1 o'clock—that was the first lot that went up with the boy—I went with the boy, and took them to Leighton Buzzard station to load them—we left Water Eaton about 6 o'clock in the morning; it is about six miles to Leighton—I cannot say exactly at what time we got to Leighton, we got them loaded, and sent them off by the first train we could—I am speaking of the Saturday—it was at Water Eaton that my brother gave me the money to pay for the carriage of the beasts, at his own house.

MR. RIBTON. Q. I suppose you cannot speak to an hour or so? A. No—I should say it would take about two hours to drive the beasts from Water Eaton to Leighton Buzzard—they left somewhere about 12 o'clock.

JOSEPH HOSIER . I live at No. 11, Elder-walk, Lower-road, Islington, and am a drover. I have been employed by Mr. Missenden, from two to three years, in regular employment—on Monday, 10th Nov., I recollect going with Mr. Missenden to Kingston—that was the Monday before the fair—I heard him make an agreement with Mr. Beauchamp for the keep, at 6l.—I did not take any of the lots from Leighton Buzzard to Harrow.

Cross-examined by MR. ROBINSON. Q. Where did you first see Mr. Missenden on that Monday? A. In the New Cattle Market, between 9 and 10 o'clock in the morning—I do not know how long he had been there.

MR. RIBTON. Q. You came back with him, I suppose? A. Yes, to Euston-square.

MR. SLEIGH. called the following witnesses for Tomkins.

JAMES BARTON . I am a drover. I have been employed by Missenden—on 8th Dec., I remember being at Smithfield-market—I there saw Missenden and Tomkins—I heard Missenden direct Tomkins to fetch the things from Kingston—he told him to fetch the things what was left, a bull and a heifer, and he was to pay for the keep—he told me if I wanted any money, or anything of the kind, I was to have it of Tomkins, I was to go with Tomkins—he told Tomkins to sell both the bull and heifer if he could—I remember, on 24th Dec., being at the Crane public house, in the Edgware-road—I there saw the heifer which I had been sent down to Kingston by Missenden to take away (I had been down to Kingston with Tomkins, and taken the heifer out of Mr. Beauchamp's field)—Missenden looked at the heifer with me; he said to me, "This is a pretty job, Jem, about this heifer, this will be a rum job"—I believe I said, "Well, Sir, if you do a bad deed, it is nothing at all to do with me"—Mr. Missenden makes answer, and says, "The less you say about it the better"—he told me he bought it of a man named Shadrach Tomkins.

Cross-examined by MR. RIBTON. Q. What are you? A. I am a drover of all sorts of cattle, and a shepherd—I work for a great many masters at Hendon—I have never been discharged by anybody—I know Mr. Courts—he

never discharged me; his man did; I never was employed by Mr. Courts—I was in the employment of the man—he discharged me because he did not want me any longer—there was no charge brought against me, nothing about a sheep; that I swear—I have been in Tomkins' employment—I was at work for Tomkins, when Mr. Missenden employed him—Mr. Missenden paid me, by Tomkins' orders—Mr. Missenden did not agree with me what I was to have; he told me to go and help Tomkins fetch the things from the railway—we did not have any agreement—I live at Hendon—I assisted in taking these beasts on 8th Nov., not from Leighton to Harrow, but from Tomkins' to Kingston—Tomkins sent me down there—I saw him on the Monday night along with Mr. Hosier—Mr. Missenden sent me and his man up from the market—I cannot tell what time it was when I got to Kingston, it was in the evening—I assisted in driving the beasts out of the field—I remained at Kingston three days—I was at work for Mr. Missenden two days; the third day I was looking after a job to come home—I was at work three days for Mr. Missenden; he paid me himself—I saw nothing more of Mr. Missenden till 8th Dec.—I then saw him in the market—I will not undertake to swear to the exact words that Missenden used when he told Tomkins to fetch the things from Kingston—it was to go and fetch the bull and the heifer away; I will not swear that he said "the bull and the heifer;" it was something of that kind—it was about 2 o'clock in the day, close by Missenden's pens—there were not a great many persons about—he had got some sheep there for sale—I did not see any of his friends about—I and Tomkins were there alone—no one heard the conversation but me and Tomkins—I went with Tomkins to Kingston, and took the bull and heifer away—I do not know what became of the heifer; I do not know what Tomkins did with it—we took it down the Ram yard, and stopped there all night—that was on the 9th—it was dark when we got there—we came away in the morning, we took the bull and and heifer both—I saw Mr. Beauchamp, and had a conversation with him—I saw Tomkins pay him some money; I do not exactly know how much—I have been out of Court, and have not heard what the witnesses have said—I believe Tomkins paid him about 10s.; I saw him pay some money; I saw half a sovereign; whether there was anything more or not I cannot say—I did not see a bill made out—I did not hear Mr. Beauchamp tell his sister to make out a bill—I left Kingston with the bull and the heifer about 8 o'clock—we brought them up to London, and put them down the Ram yard—it was dark when we got there—I do not know what became of the bull next day—I stopped there that night, and went home next morning with the heifer—I left the bull at the Ram yard, and saw no more of it—I went next day witch the heifer to the Welsh Harp, Edgware-road, and delivered her up to Tomkins, and then I had done with her; that was on the 11th—Tomkins did not come with me from Kingston with the bull and heifer; he went home—I believe it was after Missenden was in custody that I saw the heifer at the Crane, in the Edgware-road—I do not know how he came there; I was at the Crane—I was not there the day before Christmas-day—I do not know whether it was on 24th Dec.—I do not know that the 24th was the day before Christmas-day—I am no scholar—I do not know what day Christmas-day falls on, or what month it is in—I do not know what day of the month it was that I was at the Crane, nor what month it was—I did not say just now that it was in December—I was at the Crane some time or other, and there I saw Missenden—he was by himself—a young man named Marsh was close to

me—he is here—he is a farmer's son—the conversation took place in the Crane yard—the heifer was there, in the stable—I did not see Missenden come there, I saw him in the yard, and he asked me where this said heifer was—that was the first question he put to me—Tomkins was then locked up—this was on a Wednesday—Missenden said, "This is a rum job about this heifer"—I said, "If you bring this on yourself you must go through with it"—he replied, "The less you say about it the better"—that was all that passed between us—I had been summoned there—it was close by where the hearing was—Tomkins summoned me—I have the paper here (producing it)—I was not examined—I do not know whether Missenden was examined that day—I did not go—I did not know whether he was in custody; he was at the Crane, having a little refreshment—he went to look at the heifer—he told me that he bought it of Shadrach Tomkins, and it was his, not only once, but several times before that—I know where Tomkins lives—I have not been down to his house lately, not for this fortnight—Missenden's cattle were only there two days before they started for the fair—Missenden ordered me to go to the railroad to meet them—I did not see Missenden at his own house, I saw him in London—I then went down to Tomkins, and assisted in driving the cattle from Tomkins's to Mr. Beauchamp's—I drove fifty—I took them from Tomkins's field—Tomkins was not with me—he did not go with me to Kingston—he told me where to take them from—it was close to where he lodges—Mr. Missenden's man went with me—there was a bull amongst them—I drove them to Mr. Beauchamp's, and left them there.

MR. SLEIGH. Q. Did you go to the Crane in consequence of having a summons to attend the Magistrate? A. Yes; that was on the Wednesday.

JOHN MARSH . I am a farmer. On 24th Dec. I was at the Crane public house, at Edgware—I saw a heifer in the yard behind the house—I saw Missenden in the yard on that occasion, and the witness James Barton—I did not see Missenden look at the heifer—it was in the stable—I went into the stable twice—I was talking to Barton—Mr. Missenden joined in with Barton, and in the course of conversation Barton said to him, "Why, you told me on Friday last, in Smithfield market, that the heifer belonged to you"—he said, "I know I did, but you must not say nothing about that"—Barton directly said, "I shall," and he said to me, "What would you do?"—I said, "Of course, tell the truth, and get yourself into no further bother whatever"—in the course of conversation Missenden said that he bought the heifer of some one, but the name I cannot be certain of.

Cross-examined by MR. RIBTON. Q. You say he had not looked at the heifer? A. I said no such thing; I did not see him look at it—this conversation took place under the gateway of the Crane—he said he bought the heifer from Shadrach Tomkins, that was the name—that was during the time the conversation was going on under the Crane gateway—Barton said to him, "You told me on Friday last that the heifer was yours, and that you had bought it of Shadrach Tomkins"—he said, "I know I did, but you must not say nothing at all about it"—he admitted having said so on the Friday, and he said so again in my presence, that he had bought it of Shadrach Tomkins—they had it over two or three times respecting the heifer—but what further took place I cannot tell you.

MR. SLEIGH. Q. Did he on that occasion, irrespective of referring to the former conversation, say that he had bought the heifer? A. Yes; he did.

(A number of witnesses deposed to the good character of Missenden; Tomkins also received a good character.)

TOMKINS— GUILTY. on 2nd Count.

(With respect to Missenden the JURY. could not agree upon their verdict; they remained in consultation during the night, and on coming into Court on the following morning, stated that there was no probability of their coming to any agreement. Mr. Holding, surgeon, was examined on oath, and stated that one of the Jurors was so seriously unwell that he believed it would be injurious to his health to remain longer; upon which the RECORDER. discharged them without giving a verdict at to Missenden.)

NEW COURT.—Monday, February 2nd, 1857.

PRESENT—Sir JOHN MUSGROVE., Bart, Ald.; Mr. Ald. LAWRENCE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fifth Jury.

Reference Number: t18570202-252

252. JOHN SANDALL , stealing 1 handkerchief, value 2s. 6d.; the goods of George Henderson, from his person: to which he

PLEADED GUILTY . Aged 24.— Confined Six Months.

Reference Number: t18570202-253

253. GEORGE MARTIN , stealing 6 lbs. weight of metal type, and 6lbs. of metal; the goods of Edward William Clarke: to which he

PLEADED GUILTY . Aged 26.— Confined Three Months.

Reference Number: t18570202-254

254. SAMUEL HARDCASTLE , embezzling 91l. 16s.; the moneys of Jonathan Davey Copeman and another, his masters: to which he

PLEADED GUILTY . Aged 49.— Confined Twelve Months.

Reference Number: t18570202-255

255. WILLIAM HENRY SCOTT , embezzling 12l. 12s. 6d., 13l. 12s. 9d., and 73l.; the moneys of Jonathan Davey Copeman and another: to which he

PLEADED GUILTY . Aged 26.— Confined Twelve Months.

Reference Number: t18570202-256

256. HENRY WILLIAM MYATT , embezzling 2l. 15s. 6d., 3l. 19s. 6d., and 4l. 15s. 10d.; the moneys of James John Noyes, his master.

MR. GIFFARD. conducted the Prosecution.

JAMES JOHN NOYES . I am a tea dealer and grocer, I carry on business under the name of Pope and Co., at No. 26, Finsbury-pavement The prisoner was my traveller—he had been in my employ about five years—his duties were to obtain orders, to deliver goods, and to receive money—when he received an order, he was to enter it in his order book, and deliver the book to the order man—he then received the goods and the van way bill, with the goods stated—this is one of the van way bills—here is on it, "Left," in the prisoner's writing, which signifies that the goods were left—here is another bill, dated 5th Jan., on which is, "Left, 2l. 15s. 6d.," which signifies, "Left, not paid"—here is another way bill, of 12th Jan.—here is "Cross, 2l. 19s. 9d. "—another bill, of 16th Jan., "Cross, 12s. 3d. and 7s. 6d. "—here is a way bill of 24th Dec., "Watkins, 4l. 17s. 4d. "—on the prisoner receiving any money, it was his duty to enter it in the cash book the next morning, and to account to me for the money, to pay it over to me, and bring the way bill and cash book to me—he was paid 24s. a week, and 3l. a month for commission—I have the cash book here—here is not a payment, on 12th

Jan., of 2l. 15s. 6d. from Mrs. Cross, and there is no such entry since then—he never accounted to me for that 2l. 15s. 6d. received from Mrs. Cross—on 19th Jan. here is no entry of 3l. 19s. 6d. received from Mrs. Cross—he has never since accounted to me for that—on that same day here is no entry of 4l. 15s. 10d. received from Mr. Watkins, and he has never accounted to me for that.

COURT. Q. Did he always account to you? A. Very nearly always, if not to me to one of my young men, but on those two days he ought to have accounted to me—on some occasions he accounted to Good—I always paid him his wages in cash—I gave him 3l. a month instead of commission.

Prisoner. I entered your situation in 1851, and the agreement was 24s. a week, and 1d. a pound commission on tea, a halfpenny a pound on coffee, and so on. Witness. You were paid by salary and commission till last Feb.—in 1854, when I took stock, I stated that a large quantity of the money I was paying you was on bad debts—you then proposed, that if the bad debts exceeded 25l., you would share the remainder with me—the amount above 25l. was to be divided equally between us.

Prisoner. I never made such an agreement with you; you sent me out with your tea cart; you had no connection; I took you to my own customers, and you said you wondered how I could extend your trade as I did; I was in the employ of your predecessor. Witness. Yes, and I kept you—in Feb., 1855, I deducted 25l. from the commission that was then due to you, but after deducting that, you received 130l. of me for commission and salary—in 1854 I stopped from you 25l., for bad debts for that year—I paid you for 1855, and from Michaelmas, 1855, I made an arrangement that you should have 24s. a week, and 3l. a month in lieu of commission, and since that, I am deficient 69l. in this year alone—the customers out of doors were not yours, certainly not, I paid you for what you did—when a customer came and gave an order, we gave it you to enter it in your book—I do not know whether you had to find whips—I never paid any money for whips, I thought the contract would have done that—I have supplied the covers for the order books when they were required—I paid you 3l. for commission in January; the other was not due till the end of the month.

MR. GIFFARD. Q. Whatever commission was due to him, had he any right to detain any money? A. No, never, I always settled with him.

JACOB BRAGGE . I am assistant to Mr. Cross, a coffee shop keeper, in Whitechapel. On 5th Jan. I received this invoice (produced) and the goods from the prisoner—on 12th Jan. I paid him 2l. 15s. 6d. for the goods—here is the receipt, I saw him write it—on 12th Jan. I received goods to the amount of 2l. 19s. 9d.—on 16th Jan. I received two parcels, 7s. 6d. and 12s. 5d., and on 19th Jan. I paid him for all these goods, 3l. 19s. 6d—he gave me his receipt.

Prisoner. Q. Was I in the habit of allowing a discount? A. Yes, 2 1/2 per cent.—I supposed you had done so here—I do not know whether, if you did not take it off you lost it yourself—I supposed it was deducted.

HENRY BARKER . I am nephew of Mrs. Walker. On 24th Dec I received this invoice from Mrs. Walker, and on 15th Jan. I paid the prisoner 4l. 15s. 10d.—he gave me the receipt for it.

Prisoner. Q. How much discount did I take off? A. None—you took off 1s. 10d., which I considered was an over charge, which left me 4l. 15s. 10d. to pay you—my aunt complained of the price of your sugars, she could get them cheaper.

JOHN MARK BULL . (policeman). The prisoner was given into my custody

on 22nd Jan., by Mr. Noyes, on a charge of embezzlement—he said, "As regards the embezzlement, I am guilty, and as to the robbery, I did not take the goods where they were directed to, I took them to other parties"—I asked him if he had rendered an account to any person in the establishment of who he had taken them to, or of any money he had received—he said, "They went to pay other debts"—he was taken to the station, and the charge of embezzlement was entered against him, the 4l. 15s. 10d.—he was asked if he had any answer to make—he said, "No," and that Mr. Noyes had been very kind to him—some books and memorandums were found on him, which were given up to him by order of the Magistrate.

THOMAS WALKINSHAW GOOD . I am in the employ of Mr. Noyes. The prisoner has not accounted to me for 2l. 15s. 6d. received on 12th Jan., nor for 3l. 19s. 6d., or 4s. 15s. 10d. received on 19th Jan.

Prisoner. Q. When I paid to you, and was rather short, I gave you the balance in a day or two? A. You never settled with me except when Mr. Noyes was not in town—there was one occasion only on which you paid me short, and you paid it the next morning.

Prisoner's Defence. For five years I had been in the situation, and laboured under the greatest disadvantages at coffee shops and private houses, having on many occasions to go to 160 places; I asked the prosecutor for some assistance; he would not grant it me for five years; I have spent 15l. or 10l. to keep the connection together for him; the goods he sent out were always dear, and sooner than the connection should fail I have made up the difference, and the young man he has sent with me knows it; he paid him but a few shillings, and many times I have given him tea and assisted him to get his dinner; as regards the sums mentioned that the prosecutor had against me, I gave the greater part in Christmas boxes; I gave one 7s., and to several other parties 5s.; my intention was to tell him, and we would strike a fair balance, and get a settlement.

GUILTY. Aged 27.—Recommended to mercy by the Jury. Confined Twelve Months.(There was another indictment against the prisoner.)

Reference Number: t18570202-257

257. JOHN RICHARD BAILEY , stealing 30 lbs. weight of printed paper, value 6l.; the goods of Robert Benton Seeley, and others.—2nd COUNT., feloniously receiving the same.

ALFRED GREEN . (City policeman). On 8th Jan. I saw the prisoner at the corner of Turnagain-lane, Skinner-street, about 6 o'clock in the evening—he had a large bag, with something in it, which he was carrying on his. shoulder—I followed him to Cock-lane, Smithfield, and there stopped him—I said, "What have you got in this bag?"—he said, "Newspapers"—I said, "Where are you going to take them?"—he said, "To the Post Office"—I said, "Where did you bring them from?"—he said, "From Fleet-street, a man gave me 2d. to get a pint of beer to take them for him "—I said, "Do you know that man?"—he said that he did not, but I had better go to the Post Office with him, and look for him, he might see him—I felt the bag, and found that what was in it was not like newspapers, and I told him the account was not satisfactory, and he must go to the station—I took him there, and found the bag contained 116 copies of "Kirke White."

Prisoner. I asked you to go to the Post Office with me. Witness. Yes, but I knew it was too late—the post closes at 6 o'clock, and it was then after 6 o'clock, and knowing you had been in the book trade so long, I knew you must know that these were not newspapers.

Prisoner. The man gave me 2d. to take them to the Post Office; I was not to know what was in the bag; I should have gone and met the man there.

RICHMOND SEELEY . I am clerk to Robert Benton Seeley, and others, publishers, in Fleet-street. I have known the prisoner several years—he has been in the book trade—these 116 copies of "Memoirs of Kirke White," in sheets, is the property of the firm—it is worth about 6l.—I had not seen the prisoner on 8th Jan.—we received these sheets from the printer the day before—they were placed in the passage of the warehouse, inside the folding doors—I examined our stock when the officer called, and missed exactly 116 copies—we very seldom sell them in quires to the trade—I am certain we had not sold these.

FREDERICK KNAPP . I am assistant to Messrs. Seeley, in Fleet-street. I know these parcels, I received them on Wednesday, 7th Jan., from Bailey, the printer; they were put in the passage, within the folding doors—I know these, they are the same bundles—we have examined the stock since, and 116 copies are gone.

Prisoner's Defence. On the morning of the day I was taken, I went to St. Katharine's Docks, and waited there nearly the whole day; I did not happen to get called on—I returned home, and on the way I thought I would take a walk round the City; I went towards Fleet-street, and met a man with this bag; I knew it to be a Post-office bag, by the rings on it; he said to me, "Have you anything to do?" I said, "No;" he said, "I will give you 2d. to go on to the Post-office with this;" I went on towards the Post-office with them; he told me the mail cart had gone from the place in Fleet-street; many a time I have earned a few halfpence in going from that place; as I was going on the officer stopped me, and asked what I had got; I said, "Newspapers," which I thought they were; he refused to go to the Post-office; if I had gone there I have no doubt I should have found the man, but since that I have had no opportunity to find him; I know the man by sight, but do not know his name; Mr. Seeley knows that I have laid out some hundreds of pounds at his shop; I used to collect for Piper and Co., Paternoster-row.

COURT. to ALFRED GREEN. Q. In what direction was the prisoner going? A. Towards Smithfield—he was nearly half a mile from Messrs. Seeley's; I followed him to Cock-lane, and there stopped him.

GUILTY. on 2nd Count. † Aged 27.— Confined Three Month.

Reference Number: t18570202-258

258. GEORGE HALL , unlawfully wounding Moss Woolf, on the left side of his body: to which he

PLEADED GUILTY . Aged 13.— Confined Three Months.

Reference Number: t18570202-259

259. ROBERT COX , stealing 2 1/2 lbs. weight of copper, value 2s. 6d.; the goods of Borham Warner, and others: to which he

PLEADED GUILTY . Aged 39.— Confined Four Months.

Reference Number: t18570202-260

260. BARNET LYONS , embezzling 21s. 6d.; the moneys of John Nathan, his master: to which he

PLEADED GUILTY . Aged 17.— Confined Four Months.

Reference Number: t18570202-261

261. ANN STEWART , stealing 1 watch, value 2l.; the goods of James Reynolds Constable, from his person.

MR. PAYNE. conducted the Prosecution.

JAMES REYNOLDS CONSTABLE . I am a butcher, of Leadenhall-market.

On the night of 15th Jan., I was crossing Bishopsgate-street, over to Great St. Helen's, about 20 minutes before 12 o'clock—I was going home to Leadenhall-market—the prisoner came out of a gateway, and asked me where I was going—I said "Home"—she began pulling me about, and asked if I would not go with her—she put her hand in my pocket, and got my watch—I found she had got it—I waited till a policeman came, and took the charge—the first thing the prisoner did was to put her arm round my waist—I was aware that she had got my watch out of my pocket—just before the policeman came up, she endeavoured to put it back into my hand, but I did not take it—the policeman saw it, and took it—I valued it at 2l.

Cross-examined by MR. METCALFE. Q. Were you aware of her taking the watch; how long was that before the policeman came up? A. Three or four minutes, perhaps five minutes—she wanted to go away before the policeman came, and wanted me to go with her, but I detained her and kept her there—I took hold of her shawl, and talked to her—I do not know whether she felt that I had hold of her shawl—I had been to my cousin's, in Eldon-street, and I called at Mr. Shelton's, and had one glass of brandy and water with him—I was perfectly sober.

JOHN PRICE . (City policeman, 652). I was in Bishopsgate-street on the night of 15th Jan.—I saw the prosecutor and the prisoner walking in Great St. Helen's—the prosecutor was sober; he said that the prisoner had stolen his watch—the prisoner had got the watch in her hand, she offered it to me—I took it, and took her to the station—she was perfectly sober—she gave a fake address.

GUILTY . Aged 26.— Confined Three Months.

OLD COURT.—Tuesday, February 3rd, 1857.

PRESENT—Mr. RECORDER.; Sir ROBERT WALTER CARDEN., Knt., Ald.; Sir HENRY MUGGERIDGE., Knt., Ald.; and Mr. Ald. LAWRENCE.

Before Mr. Recorder and the Second Jury.

Reference Number: t18570202-262

262. HENRY EDWARDS , feloniously forging and uttering a power of attorney to transfer 350l. stock; with intent to defraud: to which he

PLEADED GUILTY . Aged 24.— He received a good character.—Four Years Penal Servitude.

Reference Number: t18570202-263

263. WILLIAM HERON , stealing 1 gown, 1 veil, and 1 apron, value 12s.; the goods of Elizabeth Donoghue, from the person of Page Stout: also, stealing 6 pairs of socks, 8 shirts, and 18 collars, the goods of Maria Wilson, from the person of George Smith : having been before convicted: to all which he

PLEADED GUILTY .* Aged 18.— Four Years Penal Servitude.

Reference Number: t18570202-264

264. WILLIAM EDWARDS , burglariously breaking and entering the dwelling house of John George Tower, at St. James's, Clerkenwell, and stealing therein 1 copper, fixed to the building, and 2 coats, 2 shawls, 1 bed tick, and 1 handkerchief; his goods: to which he

PLEADED GUILTY . Aged 20.— Confined Twelve Months.

Reference Number: t18570202-265

265. ROBERT CLIPSON , stealing 1l. 5s. 1 1/2 d.; the moneys of Samuel Seymour Lowden, his master: having been before convicted: to which he

PLEADED GUILTY .* Aged 17.— Four Years Penal Servitude.

NEW COURT.—Tuesday, February 3rd, 1857.

PRESENT—Sir JOHN MUSGROVE., Bart. Ald.; Mr. Ald. LAWRANCE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Sixth Jury.

Reference Number: t18570202-266

266. JOHN HURLEY and JAMES BURCHELL were indicted for unlawfully uttering counterfeit coin: to which

HURLEY PLEADED GUILTY .—Aged 18.

BURCHELL PLEADED GUILTY .—Aged 18.

Confined Twelve Months

Reference Number: t18570202-267

267. CHRISTOPHER REGLER , feloniously haying in his possession a mould for casting counterfeit coin: to which he

PLEADED GUILTY . Aged 37.— Six Years Penal Servitude.

Reference Number: t18570202-268

268. MARY BERRY , unlawfully uttering counterfeit coin: to which she

PLEADED GUILTY . Aged 51.— Confined Six Months.

Reference Number: t18570202-269

269. MARY ANN SMITH and MARY WILSON , unlawfully having counterfeit coin in their possession: to which

SMITH PLEADED GUILTY . Aged 21.— Confined Fifteen Months.

WILSON PLEADED GUILTY . Aged 17.— Confined Nine Months.

Reference Number: t18570202-270

270. HARRIET EVANS , unlawfully uttering counterfeit coin: to which she

PLEADED GUILTY . Aged 36.— Confined Eighteen Months.

Reference Number: t18570202-271

271. MARIA ALLEN , feloniously. uttering counterfeit coin: having been before convicted: to which she

PLEADED GUILTY . Aged 33.— Confined Eighteen Months.

Reference Number: t18570202-272

272. JOHN MORLEY was indicted for a like offence.

MESSES. ELLIS. and BODKIN. conducted the Prosecution.

SAMUEL JARMAN . I am clerk to the Solicitor of the Treasury. I produce a certificate of a conviction—(Read: "At this Court, Aug., 1854, John Morley and Mary Ann Aldridge were convicted of uttering counterfeit coin, and John Morley was sentenced to six months imprisonment, ")

GEORGE PETTY . I was the officer in that case—the prisoner is the man who was tried—I am certain of it.

Prisoner. I was not the man.

MR. BODKIN. Q. Did you express any doubt when you went to the gaol? A. I said I should like to see him a second time—I thought I should like to be sure—I had not seen him in the interval.

Prisoner. Look at me again. Witness. I am certain you are the man.

Prisoner. I can assure you I am not the man; if the officers are sent for from the House of Correction, they will establish my innocence.

COURT. Q. Had you him in custody in the first instance? A. I took him on that occasion—he was remanded three times—I was before the Magistrate on each occasion—he was fully committed—I saw him again at the trial here, and I gave evidence—this is the second time I have been here—I have been at Clerkenwell several times—when I saw him in the goal, I had a message sent to me to go and see Henry West, otherwise John

Morley I saw him once, with some others—I expressed a wish to see him again there was not five minutes interval—in that interval I had some conversation with the gaoler—I asked to go in a second time to be certain—I am certain now.

Prisoner. I am not the man; I do not deny the rest of the indictment.

ARTHUR STANDFAST . I am apprenticed to a stationer, in Newgate-street. On Saturday, 10th Jan., I saw the prisoner in the shop, about half past 2 o'clock—he came for a quire of note paper—it came to 6d.—I served him, he offered me in payment a half crown—I gave him two shillings, which were good—I am quite certain of that, I looked at them at the time—after I had given him them, he said he would not have the note paper, he could get it for 4d.—he wanted the half crown back—he took the two shillings up in his hand, and put them towards me—I did not give him back the half crown—when I saw that he put back the two shillings, as soon as he put them down I saw immediately that one shilling was bad—it was not one of the two shillings that I had given him—I told him it was a bad one, and it was not one that I had given him, he had changed it—I turned round to try it, and in the mean time he went out of the shop—I ran after him—I saw him run, and go down Warwick-lane—he went down to a turning on the right hand side, called Oxford Arms passage—I did not follow him—I told a policeman—there is no thoroughfare, and he came out of the passage—I saw him coming back again towards me—I tried to stop him, but did not succeed—the policeman stopped him—I saw his hat fall off, and out of his hat I saw a small parcel roll out for three or four yards—it was in a piece of red handkerchief—I took it up, and gave it to the officer—I was present when he opened it in our shop in Newgate-street, and in it there were five bad shillings—I did not mark them, I marked the one that the prisoner had given to me, and gave it to the policeman—he had all the six shillings.

COURT. Q. Did the prisoner go away without his half crown? A. Yes—that was good—he did not make any complaint of the price of the note paper till after I had given him change.

JAMES STRATTON . (City policeman, 281). I was on duty in Warwick-lane—I saw the prisoner running down Warwick-lane towards Ave Maria lane—I caught him in my arms—his hat fell off, and a small parcel rolled out—I requested the last witness to pick it up and give it to me—I kept it in my hand till I got back to the shop in Newgate-street—I opened it there, and found in it five bad shillings—the prisoner said to the last witness, "Did not a boy give it to you?"—he said, "No"—I partially searched the prisoner in the shop, and found two good shillings in his pocket—I took him to the station, and searched him minutely there—I took from him a knife, nothing more but a handkerchief, and it was in a piece of that handkerchief that the five bad shillings were wrapped.

COURT. Q. What did he allude to when he said, "Did not a boy give it you?" to the single shilling or to the parcel? A. To the parcel.

WILLIAM WEBSTER . I am inspector of coin to the Royal Mint. These shillings are all bad, and the five in the parcel are from the same mould as the one that was uttered.

Prisoners Defence. I have nothing to say as to the other facts, I only deny being the person against whom the former conviction was proved; I hope your Lordship will inquire farther into it before you sentence me; if the officers from the House of Correction are sent for, they will prove I am not the person.

GUILTY. Aged 30.— Judgment respited.

Reference Number: t18570202-273

273. JAMES VEREY and THOMAS WALKER were indicted for unlawfully uttering counterfeit coin: to which

VEREY PLEADED GUILTY . Aged 27.— Confined Twelve Months.

No evidence was offered against

WALKER.— NOT GUILTY .

Reference Number: t18570202-274

274. ELIZABETH WARD and ANN CLARK were indicted for a like offence.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

WILLIAM WHITE . I am a baker, and live in New-street, Dorset-square. On 7th Jan. the prisoner Ward came into my shop, about half past 6 o'clock in the evening—she asked for a penny bun—I had not one; I gave her two halfpenny ones—she paid me a sixpence—I gave her a 4d. piece and a penny—I put the sixpence in the till, where there were two half crowns and a shilling or two, but no other sixpence—Ward left the shop, and in about three minutes Clark came in—she asked for a penny bun—I had not one—I gave her a captain's biscuit—she threw down a sixpence—I noticed it almost before I took it up—it was bad—I told her so, and asked where she came from—she said, "From Tottenham-court-road"—I then looked at the other sixpence—I found only that one in the till—I found that was bad likewise—I then said to Clark," Have you a sister? has your sister been here?"—she said she had no sister—I said, "Some one belonging to you has, and I shall detain you till a policeman comes"—the policeman came and took her, and I said, "I will go and see if I can find the other one"—I went to the next street, and found Ward, who was eating a tart—I took her back, and they were both taken into custody—I gave the policeman both the sixpences.

Ward. Q. Did you put the sixpence you got into the till? A. Yes, and I took the 4d. piece I gave you out of the till—I did not say I gave it you out of my pocket.

SARAH M'FARISH . I am ten years old. On the Wednesday afternoon that the prisoners were taken, Clark came into my mother's shop, in Park-street, Dorset-square, about half past 6 o'clock—she asked for two tarts—they came to a penny—I gave them to her—she gave me a sixpence—I gave her 5d. in change, and put the sixpence into the till—there was no other silver there—my mother took that same sixpence out of the till when Mr. White came in, about a quarter of an hour afterwards—I am sure it was the same sixpence—I had not been to the till—I had been in the shop all the time after Clark came in.

COURT. Q. Did you see anything of Ward? A. Yes, when she came in, and tried to give another sixpence to my mother.

SARAH MCFARISH . I am the mother of the last witness. On the evening of 7th Jan. Ward came in and asked for a penny saveloy—she offered to pay for it with a sixpence—I had not sufficient halfpence to give change, and I sent the sixpence out by my little girl—she returned, and said the person did not like the look of it—I had not examined it myself—Ward took the sixpence, and went away, and said she would call again—soon after Mr. White came in, and I looked in the till, and found a bad sixpence—I gave it to the policeman—I did not see Clark in the shop.

SARAH MCFARISH, JUN . re-examined. I was sent with a sixpence—I brought it back—I saw the prisoners in two or three minutes afterwards—I first saw one, and then the other.

GEORGE LOWERS . I live in Park-street, Dorset-square, and am a bricklayer. On that evening, at half past 6 o'clock, I saw both the prisoners standing at the corner of Park-street, which is about a dozen yards from

Mr. White's shop—they spoke a little while together, and then Ward went towards Mr. White's shop—I saw her come back, and then Clark went towards Mr. White's shop—she remained there till Mr. White sent for the policeman—Mr. White fetched Ward into the shop, and then I heard it was for passing bad money.

COURT. Q. You did not see either of them go to M'Farish's shop? A. No, I saw one of them go in that direction.

JOHN DURDELL . (police sergeant, D 9). On 7th Jan. my attention was called to Mr. White's shop, about half past 6 o'clock—I took Clark into custody—Mr. White went out at his side door, and brought in Ward, and I took her into custody—I produce the three sixpences—I got two from Mr. White, and one from Mrs. McFarish.

WILLIAM WEBSTER . These are not counterfeit sixpences; they come nearer to a sixpence than anything else, but the only resemblance is the head—the legend is in English, instead of Latin—these are all from one die—they are precisely the same size as a sixpence—the reverse side is rubbed, to rub down the figure—there is no doubt they were intended to resemble sixpences.

(Ward's statement before the Magistrate was here read: "It was my fault, and not Clark's; I went to Mr. White's shop, and gave him a sixpence; he put it into the till, and afterwards pulled it out again, and said I had given him a bad sixpence.")

Ward's Defence. I gave Clark the sixpence to go in; I wish her to be forgiven.

Clark's Defence. She gave me the sixpence to go in; I gave it him, and he said it was bad.

WARD— GUILTY . Aged 20.

CLARK— GUILTY . Aged 19.

Recommended to mercy by the Jury.— Confined Six Months.

Reference Number: t18570202-275

275. JOHN LYNCH was indicted for a like offence.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

JOHN SMITH . I keep a shop at Leytonstone. On 6th Dec. the prisoner came there for 3d. worth of biscuits—he offered me in payment a bad crown piece—I told him so—he said he was sorry for that; he took it at a chandler's shop—I called a constable, and gave him in charge—he was taken before the Magistrate, remanded for a week, and discharged—I gave the crown to the officer.

Prisoner. I know nothing of this man at all. Witness. I gave him into custody at the time.

JOHN BEACHAM . (policeman, K 460). The prisoner was given into my custody for passing a bad 5s. piece—Mr. Smith gave me this crown—the prisoner said that he was a hawker, and he took it at a chandler's shop across the forest—he afterwards said he carried two pictures on his head, and a lady gave him the crown in the road—he afterwards said he thought it was a counterfeit, and he was hungry, and had nothing to eat all day, and he went to Mr. Smith's shop, and asked for 3d. worth of biscuits, and was detained—he said his name was John Randall—I took him to the Magistrate's, and he was discharged.

Prisoner. I know nothing of it whatever.

THOMAS BUCKNELL . I am a leather seller, and live in Salmon-lane, Limehouse. On Monday, 5th Jan., the prisoner came to my shop, about 9 o'clock in the evening—he asked for a pair of half soles, and a pair of half tips—the price of them was 1s. 0 1/2 d.—he offered me in payment a crown piece—I

looked at it, and told him it was bad—he said he did not think it was—he asked me if I would let him try it—he put it into his mouth, and tried it—I asked him where he got it—he said, "On the Barking-road, of two ladies"—he said he hawked pictures about, and got it for pictures—I gave him into custody, and gave the crown to Cunningham.

WILLIAM CUNNINGHAM . (policeman, K 315). The prisoner was given into my custody by the last witness—I got this crown from him—I asked the prisoner where he got it—he said he was a picture hawker, and he got it of two ladies, and he believed it was good—he afterwards said he sold the two pictures to two ladies, in Whitechapel, for the crown piece; and after that he said he sold them to the two ladies on London-bridge, for the crown piece, and he did not know where they lived, or who they were.

WILLIAM WEBSTER . These are both bad, and from the same mould.

Prisoner's Defence. I hope you will have mercy on me; I only went into the last shop, and was not aware of its being counterfeit.

GUILTY .** Aged 23.— Confined Twelve Months.

Reference Number: t18570202-276

276. RICHARD FAIRLEY and WILLIAM CONNELL were indicted for a like offence.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

GIOVANNI LAZARI . (through an interpreter). I live in St. George's-street, and sell ginger beer. The prisoner Fairley came to my shop on 6th Jan., about 10 o'clock at night, for a bottle of lemonade—at that time I saw the prisoner Connell outside the door—I served Fairley with the lemonade—he paid me with a half sovereign, and I gave him change—the change lay on the counter—just at that moment Connell came in for a pennyworth of peppermint—I left off attending to Fairley, and served him—Connell then went out—after he was gone Fairley said he would have nothing at all, unless he had some of Williams's make—at that time the change was on the counter—I then looked for one of Williams's make—I looked round and saw a half sovereign on the counter—after that Fairley took the change and the bottle, and went away—at that time the prisoners were both in the shop—Connell afterwards went away—he only left the shop once—the first that went away was the one that came for the lemonade, and Connell left in barely a minute afterwards—I had only just time to serve him while he was in the shop—when he put the penny down for the peppermint then Fairley put down the half sovereign—I looked at the half sovereign—it was a base one—I gave it to the policeman.

Cross-examined by MR. DOYLE. Q. In what language did you speak to Fairley? A. A broken word or two in English and in Italian—I can understand English a little more than I speak—when Connell had got his peppermint he left the shop with it almost immediately.

Fairley. Q. When you took up the half sovereign, what did you do with it? A. I put it into my waistcoat pocket—I weighed it in my hand—I did not try it in any other way—you told me you did not want the lemonade any more, and I returned the half sovereign back—I turned round to get you a bottle of Williams's lemonade—the first I gave you had no name on it—I then turned round and found one of Williams's manufacture—I then saw the half sovereign on the counter, and took it up—I had it in my hand while I served the other party—you took the change and the bottle with you.

COURT. Q. What became of the first half sovereign you got from Fairley? A. I put it into my pocket, and gave him the change—I kept it about a

minute—he asked for it back, and I gave it him—when I returned the first half sovereign, the change was lying on the counter—it was about two minutes after I returned the first before I saw the second—Connell was not in the shop when the first half sovereign was given—he was when the second was given—I did not see where Fairley took the half sovereign from when he gave it to me—the prisoners were close to one another—Connell asked for the peppermint at the same moment the second half sovereign was given—Connell laid down the penny on the counter at the same moment—when Fairley came into the shop I saw Connell outside—he could see what Fairley did, who was inside—just as Connell went out of the shop, I saw that the half sovereign was bad, and told Fairley so.

MR. DOYLE. Q. Is this a small shop? A. It is a largeish shop—I saw Connell outside, walking up and down—Fairley came in first, and after he was served Connell came in for the peppermint—they were both at one time in the shop—I was with my back to the counter while getting the bottle of lemonade, and as soon as I turned my back I found the two together—Connell came into the shop at that moment—as soon as I saw him he asked for the peppermint—when he got it he went away—Fairley had gone out of the shop about a minute before.

THOMAS TOWNSEND . (police sergeant, H 6). I took Connell into custody—I told him it was for passing a counterfeit half sovereign in St. George's-street—Fairley was sitting by his side in a beer shop—Connell said he had not passed a half sovereign—I afterwards took Fairley—I told him it was for passing a bad half sovereign in St. George's-street—he said he had passed no bad half sovereign—I received the half sovereign from the last witness—I found on Connell three half crowns, a 2s. piece, three shillings, and two sixpences, and some peppermint, and on Fairley 5s. 2d.—I took Connell on Tuesday and Fairley on the Friday—I went back to the beer shop on Tuesday to see for Fairley, but I could not find him.

Cross-examined. Q. This complaint was made on Tuesday? A. Yes; the same night that Connell was taken, about an hour and a half afterwards—I found this good money and some peppermint in his pocket—he was taken to the station, and detained about an hour and a half, and then was sent away—the acting inspector thought right to discharge him—Fairley was taken on the Friday—I was told that Connell was taken the second time in Whitechapel—the first witness wished to charge Connell, but the acting inspector wished to have the other man.

Fairley. Q. Did you not have another constable with you? A. Yes; Billing, H 103—I did not take you at that time—I did not know whether you was the man—I took a description of Connell as passing the half sovereign—I took you into custody on Friday night, about 11 o'clock, at the same beer shop where I had taken Connell on the Tuesday—I took you to the station, and left you while I went to fetch the prosecutor—it might be three quarters of an hour.

COURT. Q. When did you first find that Fairley was the man? A. On the Tuesday evening—I then went back to the beer shop, but I could not find him—I continued to look for him till the Friday, and then I found him at the same shop—when I first saw them there together, I think Connell had a pipe—he was sitting close to the fire, and Fairley next—there were four others there—Connell was taken the second time on Sunday evening.

HENRY PURCHASE . (policeman, H 70). On Sunday night, 6th Jan., I saw the two prisoners at the first witness's shop—I had seen them about five minutes before—they were going towards the shop—they were about fifty

yards off, and were talking together—after they had passed me I turned back, and saw them in the shop—Fairley came out first, and turned to the right—he walked seven or eight yards—he crossed to the opposite side of the street—he walked back again towards me—he walked about 150 yards, and turned up Cannon-street, and I lost sight of him—as he passed me he said, "How do you do?" seeing I was watching him—at the moment I lost sight of him, Connell came out of the shop—he turned to the left, walked by the window, and turned up Denmark-street as fast as he could.

Fairley. Q. You saw me come out of the shop? A. Yes; you crossed and turned back, and spoke to me—you walked about 150 yards, and turned up Cannon-street—when I saw Connell come out of the shop, I went to the shop door—about a minute afterwards the prosecutor complained—I could not go after you then—I directed him to go to the station, and he did so—I did not go with him—I did not see you again till Friday night at the Leman-street station—I was not required at the examination on the Saturday—I saw you on the following Tuesday.

COURT. Q. Would Denmark-street lead to Cannon-street? A. Yes; they were going in the direction to the beer shop where Connell was taken, almost as straight as they could go.

WILLIAM WEBSTER . This is a counterfeit half sovereign.

Fairley's Defence. I am entirely innocent of knowing it was counterfeit; I had every opportunity of getting away; the policeman saw me for 120 yards, and he could have seen me every day I passed him—I walked into his arms.

FAIRLEY— GUILTY .* Aged 45.

CONNELL— GUILTY .* Aged 40.

Confiend Twelve Months

Reference Number: t18570202-277

277. JANE SCOTT was indicted for a like offence.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

ANN MAYALL . I am barmaid at the Blue Posts, in Berwick-street, Sohon. On 9th Jan. the prisoner came to the bar for a quartern of gin—it came to 4d.—she gave me a half crown—I gave her change, and she went away—I put the half crown into the till—there was no other there—in about two minutes my mistress took it out, and it was found to be bad—it was thrown into the fire, and melted—next day the prisoner came again for 2d. worth of brandy, which she drank, and 6d. worth of gin—she gave me a crown piece—I gave that into my fellow servant's hand, and he bent it up.

Prisoner. Q. I know nothing of the half crown; when I went for the gin, I gave her a 5s. piece; I did not know it was bad; some one said, "That is the woman that gave the bad half crown," and she said, "I think it is," and he said, "You must not think, you must say so." Witness. No, I said, "This is the person that passed the bad half crown "—no. one said, "You must not think, you must say it is."

FREDERICK NICHOLSON . I am barman at the Blue Posts. On 10th Jan. I received a crown from the last witness—I put it into the detector, and bent it—I gave it to the constable.

WILLIAM MORRIS . (policeman, C 173). I received the crown from the last witness, and took the prisoner into custody.

WILLIAM WEBSTER . This is bad.

Prisoner's Defence. I did not know it was bad.

GUILTY. of passing the crown. Aged 30.— Confined Six Months.

Reference Number: t18570202-278

278. CHARLOTTE SMITH was indicted for a like offence.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

THOMAS KIBBLE . I keep the Old King's Head, at Knightsbridge. On Saturday, 3rd Jan., the prisoner came soon after 2 o'clock in the afternoon—she asked for a pint of 4d. ale—she paid with a half crown—I gave her change, and she left—I put the half crown into the till—there was no other half crown there, I am positive—she came again the same day, about 5 o'clock—my niece served her, and she afterwards told me that the woman had been there, and offered a half crown—I then looked, and found them both to be bad—there were two or three shillings, and about the same number of sixpences, but no other half crowns but those two—I attend to the business when my niece is not there, and no other person—I am sure the prisoner is the person—I had seen her several times—I gave the two half crowns to the constable.

ELIZABETH KIBBLE . I am the niece of the last witness. On 3rd Jan., between 5 and 6 o'clock in the afternoon, the prisoner brought a bottle, and asked for a quartern of rum—I served her—it came to 5d.—she gave me a half crown—I gave her 2s. 1d.—she went away with the change and the rum—I put the half crown into the till—there was no other half crown there except the one my uncle had put in—I saw my uncle go to the till afterwards—there was no other half crown put in that day except the one I put in and the one my uncle put in.

THOMAS PARSONS . (policeman, B 245). On 5th Jan. I took the prisoner, in the New-road, at the back of Sloane-street—I asked her if she did not come to Knightsbridge—she said, "No"—I asked her if she knew anything about passing bad money—she said, "No"—I took her to the station, and Mr. Kibble came down, and gave me these two half crowns—I asked the prisoner her address—she said she had no home.

WILLIAM WEBSTER . These are both bad.

Prisoner's Defence. I was not at Mr. Kibble's on Saturday, the 3rd; I was going along the New-road; a young woman asked me to show her the way; I told her I would, and Mr. Kibble pointed me out to the policeman, and said I was in his house.

GUILTY . Aged 20.— Confined Six Months.

Reference Number: t18570202-279

279. ELLEN DOWNIE was indicted for a like offence.

MESSRS. ELLIS. and BODKIN. conducted the Prosecution.

EMMA KING . My father keeps a coffee shop in Drury-lane. The prisoner came one evening, between 4 and 5 o'clock—she asked for a cup of coffee and a slice of bread and butter—it came to 1 1/2 d.—she gave me a bad sixpence—I did not see it was bad—I gave her change, and she went away—I wrapped the sixpence in paper, that I should not mix it with other money—I put it at the back of the till—on the Tuesday afterwards, the 20th, the prisoner came again, and wanted a cup of tea—I served her—she gave me a good sixpence—I gave that to my mother the same evening.

COURT. Q. Did you speak to her about the sixpence on the first occasion? A. I did not find it was bad till she was gone—I laid it on the table, and told my mother of it, and then wrapped it in paper—I did not say anything to the prisoner about it when she came the second time.

JULIET HARRISON . I am the daughter of Mrs. King, who lives in Drury-lane. I was there on a visit on 21st Jan.—I was in the shop in the

afternoon—the prisoner came for a cup of coffee—I served her—she paid me a bad sixpence—I took it into the kitchen, and bent it, and gave it to my mother—the policeman was sent for, and the prisoner was given into custody.

LOUISA KING . My husband keeps a coffee house in Drury-lane. Juliet Harrison brought me a bad sixpence on 21st Jan.—I saw the prisoner sitting in the shop—I sent for a constable, and gave her into custody—I had before received a sixpence from Emma King—I gave the two sixpences to the officer.

GEORGE MADDAMS . (policeman, A 325). The prisoner was given into my custody—I got these two sixpences from Mrs. King—the prisoner was told what she was charged with—she said she was not aware it was bad.

WILLIAM WEBSTER . These are both bad.

Prisoner. I was going along, a young man asked me if I would have anything to drink; I said, "No;" he said, "Here is a sixpence, go and get something "—I went and got it, and was not aware it was bad.

NOT GUILTY .

Reference Number: t18570202-280

280. WILLIAM CORCORAN was indicted for a like offence: to which he

PLEADED GUILTY . Aged 21.— Confined Two Years.

Reference Number: t18570202-281

281. GEORGE OWEN was indicted for a like offence.

MESSRS. ELLIS. and CLERK. conducted the Prosecution.

CHRISTIAN CLARK SPILLER . I keep the post office in Holborn, and sell postage stamps. On 26th Jan. the prisoner came, and asked for 6d. worth of postage stamps—he tendered in payment a half crown—I gave him 2s. change—I was busy at the time—he went away—I saw the half crown was bad directly he was gone—I followed him, but could not catch him—I put the half crown in paper, at the back of the till—two days after the prisoner came again, and bought 6d. worth of stamps—I knew him directly—he offered me a half crown—I examined it, and bent it—I sent for the policeman, and gave him in charge—I gave the two half crowns to the officer.

Prisoner. When I was there on the Wednesday, you said you believed I gave you a bad half crown on the Monday, but you was not sure. Witness. I expressed a doubt, but I said I was pretty sure, indeed I was quite sure.

COURT. Q. Did you recognize him, when he came in, as the person who came to your house? A. Yes—what he speaks of is what occurred at the station—he said he was not the man—I said I was pretty sure he was the man—I am quite sure, so as to be able to swear to him—I have no doubt.

Prisoner. He said he would send for a constable, and have me punished as a warning to others. Witness. When I sent for a constable, he walked away—I ran after him, and brought him back—I dare say I did say I would punish him, and make him an example, for I have taken five bad half crowns within the last two months—I thought it was quite time to stop it.

JOHN BAKER . (City policeman, 255). I took the prisoner on 26th Jan.—I searched him, and found on him twelve duplicates, a key, and a snuff box—I received one of these half crowns on the Wednesday, and the other before the Magistrate.

WILLIAM WEBSTER . These are both bad.

Prisoner's Defence. I was not aware the half crown was bad; there was a fellow servant of mine, who lived with Sir Frederick Pollock, gave me

the half crown to go and get the stamps; he said he could put many a shilling in my way; he said he had been detained in the City rather longer than he wished, and he would meet me at the corner of Rood-lane, and give me his address; I was not out on the Monday at all.

GUILTY . Aged 23.— Confined Twelve Months.

Reference Number: t18570202-282

282. JAMES WARD was indicted for a like offence.

MESSRS. ELLIS. and CLERK. conducted the Prosecution.

WILLIAM ROWE . My father keeps a hosier's shop in Bridge-street, West-minster. On 23rd Jan. the prisoner came to the shop to buy a pair of cloth gloves—they came to 1s.—he gave me a sovereign in payment—I cannot say whether it was good or not—I placed it in the till, where there was no other sovereign—I am sure of that—I took out of the till about 2s., but had not sufficient to give him change—I went inside, and I gave him a half sovereign and nine shillings—he then said the gloves were too expensive, he wanted a pair for about 4d. or 6d—I told him we had no such gloves, and I gave him back the sovereign from the till, and took back the change—he then said, "Well," he thought he would take them—I wrapped them in paper, and gave them to him—he gave me a sovereign in payment, and I gave him the change I had taken up—before he left the shop, I placed the sovereign on the tester, and thought it was bad—it was very light—I handed it to my father, and said, "I think this is bad—he said, "It is very bad "—the prisoner had by that time got across the road—I left the sovereign with my father, and went after the prisoner—he had crossed the corner towards Cannon-row—he turned the corner, and commenced running very quickly—I ran after him, and never lost sight of him—as he went along, he threw something away, but I could not see what it was—he was stopped in Cannon-row—he ran against a stable, and there he was taken by me—he was brought back to the shop—my father saw him, and he went to the station—when we came back from the station, we observed a half sovereign on the matting, on the floor, in the shop, outside the counter, exactly on the spot where the prisoner had stood when he was brought back—it was a good one—Baines brought me that evening the pair of gloves that the prisoner had bought.

Cross-examined by MR. SLEIGH. Q. Did you know the prisoner before? A. No—we are hosiers—we do a fair trade—we have only one till in our counter—all the money goes into that till—in the course of a day we take some pounds—when the sovereign was given me, I put it into the till—my father had been serving customers in the shop that day; no one but my father and me—all the money had been put into the till, but whenever we take gold we take the sovereign and place it in an inner room—the moment we take a sovereign or half sovereign, we take it away directly the person is gone—the rest of the money we do not take away till the end of the evening—I tried this sovereign just as the prisoner was leaving the shop—he might have heard what I said to my father—as soon as I had satisfied myself that the sovereign was bad, I went after the prisoner as quickly as I could—when I took him when he ran against the stable door, I told him I took him in consequence of his having passed a bad sovereign—I took him to the shop, and the policeman came there—the prisoner gave his address—I do not exactly know what answer he made to the charge I made against him—he said something, that I was never more mistaken in my life—I have been mistaken—I cannot say how far it is from our shop to where I took the prisoner; it was merely across Bridge-street—I did not

lose sight of him from the time he left the shop till I came up with him—he did not say, "If it was bad, I did not know it"—he did not say he had it from his mother.

WILLIAM ROWE . I am the father of the last witness. I took a sovereign from my son that day—I was in the shop when the prisoner uttered it—I detected instantly that it was bad—my son went after the prisoner—I kept the sovereign—I marked it, and gave it the officer.

COURT. Q. Were you in the shop at the time the negotiation was going on about the purchase of the gloves? A. Not at the moment he came in—the first thing I heard, he was haggling about a pair of gloves—he said he wanted a very common pair—he had got the first pair, the shilling pair, when I first saw him.

Cross-examined. Q. How many persons were in the shop when you first heard the conversation? A. Only the prisoner—there had not been any person in the shop just previously—I had been in the shop nearly all the day—I should say we had not had a customer within half an hour of the prisoner's coming.

JOHN BAINES . I was going along Cannon-row towards Westminster-bridge, on Friday afternoon, 23rd Jan.—I met the prisoner running, and young Mr. Rowe was running after him—as the prisoner was running I saw him throw something—I picked it up, and gave it to the police constable.

RICHARD TANNER . (policeman). I took charge of the prisoner in Mr. Rowe's shop—I took him to the station—I received this sovereign—I searched the prisoner, and found 9s. in a ports monnaies in his pocket, and no other money—while at the station Baines gave me this parcel, which contains this pair of gloves, which I showed to Mr. Rowe—the prisoner gave an address, and his mother lives there.

Cross-examined. Q. Did you hear the charge against him? A. Yes, for passing a bad sovereign—the prisoner said it was a mistake—he did not say he had it from his mother.

WILLIAM WEBSTER . This sovereign is bad—it is very light, I should think it would take half a dozen of these to weigh a sovereign, I should say certainly four.

GUILTY . Aged 26.— Confined Nine Months.

OLD COURT.—Wednesday, February 4th, 1857.

PRESENT—The Rt. Hon. the LORD MAYOR.; Mr. Justice WIGHTMAN.; Mr. Baron BRAMWELL.; Mr. Ald. COPELAND.; Sir ROBERT WALTER CAR-DEN., Knt., Ald.; Sir HENRY MUGGERIDGE., Knt., Ald.; and Mr. Ald. ROSE.

Before Mr. Justice Wightman and the Third Jury.

Reference Number: t18570202-283

283. WILLIAM SAYER was indicted for feloniously forging and utter-ing an order for the payment of 30l.; with intent to defraud: to which he

PLEADED GUILTY . Aged 15.— Four Years Penal Servitude.

Reference Number: t18570202-284

284. JAMES BARBER , feloniously forging and uttering a certain deed of release; also, forging an order for the payment of 40l.; also, stealing a 5l. note; also, embezzling 5l.; the property of Edward Keeley Harris, his master: to all of which he

PLEADED GUILTY. Aged 35.—Recommended to mercy by the Prosecutor. Four Years Penal Servitude.

Reference Number: t18570202-285

285. JAMES HOWE was indicted for a rape upon Emma Shepherd, MR. SLEIGH. conducted the Prosecution, and MR. RIBTON. the Defence.

NOT GUILTY .

NEW COURT.—Wednesday, February 4th, 1857.

PRESENT—Sir WILLIAM MAGNAY., Bart, Ald.; Sir JOHN MUSGROVE,

Bart., Ald.; Mr. RECORDER.; and Mr. Ald. ROSE.

Before Mr. Recorder and the Seventh Jury.

Reference Number: t18570202-286

286. GEORGE JONES , stealing 49 lbs. weight of lead, value 12s.; the goods of John Pierce, his master: to which he

PLEADED GUILTY . Aged 22.— Confined Twelve Months.

Reference Number: t18570202-287

287. THOMAS BARCLAY , stealing 1 wooden box, value 6d., and 7 lbs. weight of candles, value 2l. 8s.; the goods of George Johnson and another: to which he

PLEADED GUILTY . Aged 18.— Confined Nine Months.

Reference Number: t18570202-288

288. JAMES WHELPDALE , stealing 9 bobbins of silk, value 30s.; the goods of William Sanders, his master: to which he

PLEADED GUILTY . Aged 55.— Confined Twelve Months.

Reference Number: t18570202-289

289. WILLIAM BRIDGE , feloniously marrying Emily Louisa Earle, his wife Sarah being alive: to which he

PLEADED GUILTY . Aged 44.— Confined Twelve Months.

Reference Number: t18570202-290

290. ELLIS PAVIS and SUSANNAH CHANDLER , forging a receipt for 10l. 10s.; with intent to defraud.

MR. LILLEY. conducted the Prosecution.

FREDERICK FESDORF . I am a tailor, and live at No. 48, Westbourne Park road. The prisoner Chandler lived with me as my wife down to 23rd Jan.—in the middle of Nov. I gave her 10l. 10s., in consequence of a note I had received from Mr. Meade, my landlord—I desired Chandler to pay that money to Mr. Meade for his rent when he called, as he said he would—I believe I saw the receipt on the evening afterwards—Chandler showed it to me—this is it—she handed it to me—she continued to remain with me till 23rd Jan.—on that day, about 8 o'clock in the morning, the landlord came to my house—I showed him this receipt, in presence of Chandler—he said it was not his handwriting, and Chandler said, "Mr. Mead, I know it is not your handwriting "—soon after that the landlord left my house, and something occurred which directed my attention to Pavis—I had seen Pavis once or twice—she lives about five minutes walk from my house—I knew she was acquainted with Chandler—I went to Pavis, and took this receipt with me—I asked her whether she had done any writing for Chandler in Nov. last—she said, "Yes"—I showed her the receipt, and asked her if she had written that—she said, "Yes, Mr. Fesdorf, and I am very sorry I have done so; I have done it with a trembling hand; I did not like to do it, but she persuaded me that she would soon get the money together again, and she would then get a proper receipt"—Chandler left me the same afternoon, about 4 o'clock—this note (produced) was sent me about 10 o'clock in the evening—it is Chandler's writing.

Cross-examined by MR. METCALFE. Q. Chandler has lived with you fourteen or fifteen years? A. Yes, and passed as my wife—she was called Mrs. Fesdorf—I never introduced her to Pavis—I think I saw Pavis at my house once, not more, that I know of—I have seen her with Mrs. Fesdorf once or twice, and once at my house—I think Chandler was treated as my wife on that occasion—she was always, till this matter came out—the neighbours and persons round knew her as my wife—I have lived in that neighbourhood three years—there have been no particular quarrels between Chandler and me, not what may be termed quarrels—there have been no blows—I never struck her—there may have been a few words now and then—I am not of rather a violent temper—she is rather short—I am mild—when I went to Pavis I did not say, "I know you are perfectly innocent, but it is the other that I complain of"—I did not use the word "innocent"—she said she was innocent, and I believe I said, "Yes, with regard to the money"—I said, "I must break up my home"—I cannot recollect whether I shook hands with her—that was about 9 o'clock in the morning—I went again in the afternoon—I saw Pavis—I asked her whether my wife had been there—she said, "No"—I said, "If she comes, for my sake treat her with the contempt she deserves, and show her the door"—I cannot remember whether I shook hands with her—Pavis was given into custody the next morning at 10 o'clock—I cannot remember whether I shook hands with her the night before—we were perfectly friendly—I went to her house in Church-street, Westbourne-terrace, on the following morn-ing, when I gave her into custody—I went to the shop with the policeman—I went to the shop of Mr. Pekin, a dyer.

Cross-examined by MR. PHILLIPS. Q. Did you send for a policeman to take Chandler into custody? A. No, she came to the Court herself—I had not given information to the police about her—when she showed me this receipt, and the landlord came, I kept myself perfectly calm—she had not great difficulty to appease me in my violence towards her—I work at Messrs. Pool and Co.'s, Saville-row—I pay forty guiness a year rent for my house—that 10l. 10s. was for one quarter—my landlord sends for his rent about four or five weeks after it is due—I always pay the day after he sends me the note—I keep one servant beside Chandler—I give Chandler the money, and she pays the housekeeping accounts—I do not recollect how much money I gave her during the month previous to the time when I gave her this 10l. 10s.—it varies sometimes—I gave her 15s. every week—I had given her 15s. a week every week that month, and more sometimes—that was sufficient to keep the house—there are no bills to pay—I pay for my own clothing—I could not tell how much money I have given her to clothe herself during the year previous to this—she never would give me a straight-forward account of what she was doing—I had given her money on other occasions to pay the rent, and she always paid it—she is not a very well educated woman—she does not write very well.

MR. LILLET. Q. Was 15s. a week sufficient for your housekeeping expenses? A. Yes—I told her if she wanted more to let me know, and not to get in debt—I am a foreigner—the amount I get a week varies from 20s. to 2l—I let lodgings.

JAMES WHITTLE MEADE . I live at No. 73, Westbourne Park Villas. I am the landlord of No. 48, Westbourne Park road, where the prosecutor lives—this paper purports to be a receipt for rent—I have never received the quarter's rent to which reference is here made—this receipt is not my writing.

Cross-examined by MR. PHILLIPS. Q. You had been in the habit of receiving your rent pretty regularly? A. I cannot say very regularly, about the middle of the quarter—the Midsummer rent was paid, I believe, on 12th Aug., that will show it went back some time—when I had an interview with Chandler about the rent, she said the receipt was not my writing, and she knew that they owed me half a year's rent.

MR. METCALFE. Q. Did you look on the prosecutor and Chandler as man and wife? A. Certainly, or I should not have let them the house.

WILLIAM CHAPLIN . I was a policeman, B 269, when I took the prisoners. On 24th Jan. I went to the house where Pavis lives—I showed her this receipt—she said it was her own handwriting, and she did it out of kindness—Mr. Meade said it was a forgery, and he gave her into custody.

Cross-examined by MR. PHILLIPS. Q. Did you apprehend Chandler? A. Yes—she came to the police Court while we were waiting before the Magistrate—(Receipt read: "14th Nov., 1856. Received of Mr. Frederick Fesdorf, ten pounds ten shillings, for one quarter's rent of house No. 48, Westbourne Park road, due 29th Sept. last James Whittle Meade ")—(Letter read: "Dear friend, it is with an aching heart I leave my home and one I love dearly, though I have been your ruin; I confess you ought to have known this long ago, but I tried always to keep it from you, and with misery to myself I was obliged to write this, as I dare not let you go to the Bank, as I have had that out long ago; I thought to get that back, but I have always been getting behind; I did not know what to do; I have often thought of running away, but I could not leave you; I hope, my dear, you will console yourself through this trouble, and if I can live to see this over, I will pay you some of the debts back; but my tears are falling while I write this; I have friends who will assist me as soon they get their money.")

(Pavis received a good character.)

NOT GUILTY .

Reference Number: t18570202-291

291. WILLIAM MATTHEWS , stealing 1 watch, value 3l. 10s.; the goods of William Vickers, from his person.

MR. COOPER. conducted the Prosecution.

WILLIAM VICKERS . I am a cigar maker, and live in Radeliff-gardens, St. Luke's. On 7th Jan. I was in Long-lane, Smithfield, between 7 and a quarter past 7 o'clock in the evening—while I was walking along, the prisoner and a companion of his came up to me—the other asked me the nearest way to the Strand—I pointed in the direction towards Snow-hill—on my doing that, he renewed the inquiry, and I pointed towards St. Bartholomew's Hospital—I still kept my hand pointing, and he renewed the inquiry a third time—I then felt a jerk at my watch—I laid hold of the prisoner, and we struggled together, and fell across the road—I called out, "Thieves!"—the prisoner got up before me—some one laid hold of him, but he made his escape—I saw my watch in his hand, and saw him pass it to another man, and he said, "Why don't you take hold of it?"—I saw no more of the prisoner till 8th Jan., when I saw him at the police station—he was by himself—I knew him again—I am certain he is the man—there were gas lights where we were struggling—his face was in front of the gas light—I am sure he is the man.

Cross-examined by MR. HORRY. Q. Are you quite sure of the two of them coming together? A. Yes—I did not notice whether they were arm in arm—I was attending to the man I was speaking to—I never saw either of the men before—the man that spoke to me was in front of me—I was standing still—he spoke to me standing in front—he was

more towards my left hand side—the other was standing on my right—I was looking at the man who spoke to me—I then turned, and noticed the prisoner—he was on my side—they were each of them more on my side—they were together; I saw the two come up to me together—I am not aware that I have had a relation transported—I never said so to anybody—this watch was in pawn, not by me, but by somebody else, for four years, I believe—I have been paying the interest of it—it was given me by my brother, on his death bed—I cannot form a judgment how you knew that—I have talked to people about this watch—I do not know whether it was a lever watch—I never valued it at 28s.—I never had a conversation with the prisoner's wife about this watch—I spoke to her outside the Court—she came and asked me what I wanted there—I had my uncle there—a conversation took place between the prisoner's wife and my uncle—I did not bear what was said—I was in one place, and they in another—I believe she offered him some money to keep me out of Court—I am not aware that 28s. was mentioned—I cannot swear that I said anything about the watch being in pawn for a number of years—I cannot swear that something of that kind did not pass: it might, or it might not—the watch was in pawn for 30s.—I had a struggle, and we crossed the road—I do not know where the other man was while we were struggling; I did not notice—the watch was passed at a court opposite, by the Barley Mow public house—this was very sudden—I was very agitated—I do not recollect that any one spoke to me, and made some remark—when we were by the court I was not holding the prisoner—I never said I was so agitated I could not answer the person that spoke to me—by what I saw of the other man, he was rather taller than the prisoner—he had a cap on, and a coat cut in the style of a fishing coat, I should say—I did not notice his face—I gave a description of that man at the station—I believe the prisoner had a coat on his arm—I saw one with a coat—on the side I was going there are no houses—I seized the person that had my watch; I saw it in his hand—I did not see it all the way while we were crossing the road—he did not open his hand to show me the watch; I saw it through his thumb and forefinger; a portion of it, not the whole—I was on the ground before I got to the opposite side—the watch was then passed—I saw it pass before I got up—I was taken to the station the next day—they said they had a man in custody, they did not know whether it was the man or not—they wanted me to go and see whether it was.

EDWARD BURKE . I am a photographic artist On the night of 7th Jan. I was coming from the Charterhouse towards Smithfield, about a quarter past 7 o'clock—I saw two men struggling in the road-—one of them had a crutch, and he seemed to have hold of the other man—I heard one shout out, "Stop him, he has got my watch," and I saw a man run away—he was caught on the pavement by several parties—by this time I got up, but he seemed so securely held that I did not lay hold of him—I looked well at him—the prisoner is the man—to my surprise he got away—on 8th Jan. I went to Newgate—there were several prisoners there—I picked the prisoner out directly—there is no doubt about the man.

Cross-examined. Q. When you got up they were both on the ground? A. Yes; the prisoner ran towards me—when I came up some parties had hold of him near the shops on the pavement—three or four men had hold of him—they let him go—I do not know who they were—I did not see any second man—I heard some man say, "He has got my watch"—I heard the prisoner say, "What do you lay hold of me for?"—and he shook them off

and ran away—he had his hat off at the time, which is why I saw him so well—I did not see any coat on his arm.

EDWARD THOMAS FREDERICK HANCOCK . (City policeman, 229). I took a description of the prisoner, and went to his lodging, No. 16, Bell-Alley, Goswell-street—I found him in bed with a female—I told him I wanted him for stealing a watch from a gentleman in Long-lane—he said he knew nothing of it, and he was not in Long-lane all the evening—on the way to the station, he said he had been about Golden-lane all that evening, and in two or three public houses.

Cross-examined. Q. He named to you several public houses? A. Yes; I have not been to any of them—I searched his place as well as I could—I found nothing of the watch—I found no money on him.

EDWARD JOSEPH DUDLEY . (City policeman, 258). I was on duty on the evening of 7th Jan. in Long-lane—at 10 minutes past 7 o'clock I was passing on the left side—I met the prisoner—I knew him before—I had seen him several times—he was in company with another on the same side of the way—on my return back I saw the prosecutor—he told me he had been robbed.

Cross-examined. Q. Did you know the other person? A. Yes; I have known him by sight for some time—I have looked after him—I went to the station with the prosecutor—he gave a description of the other man, he said he was a fresh complexioned man, and wore a cap and a short coat—he like-wise gave a description of the prisoner—he said he was rather a fairish man, with carrotty whiskers—I have searched for the other man, but cannot find him.

GUILTY .

The prisoner was also charged with having been before convicted: to which he

PLEADED GUILTY. Aged 28.— Four Years Penal Servitude.

Reference Number: t18570202-292

292. DAVID ANGELO LINFORD , stealing 2l.; forks, 24 spoons, 1 coffee pot, and other articles; the goods of Sampson Hodgkinson, his master.

MESSRS. BODKIN. and LEWIS. conducted the Prosecution.

JAMES GRAHAM LEWIS . I am the solicitor for this prosecution. I remember this letter (produced) being produced before the Magistrate—the prisoner requested to look at it, and said, "That is my handwriting."

MARY WELCH . I am in the service of Mr. Hodgkinson; the prisoner was in his service also. On 26th Jan. my master and mistress were absent, and the prisoner, and I, and a fellow servant were left in charge of the house—the plate was left there in my charge—it was kept in the wardrobe—it consisted of table spoons, gravy spoons, a fish knife, dessert spoons, and other things—they were kept loose in this plate basket, and there was a paper there with half a dozen knives in it—I saw it all safe on Thursday, 22nd Jan.—this is it (produced)—I recollect the prisoner coming one day in Jan. to our bed room—he opened the door, and said, "There is somebody in the house"—I said, "Nonsense, go to bed!"—he went away and came back again, and said he had heard master's bed room window opened; he said, "Get up!"—I and my fellow servant got up, and we went with the prisoner into master's bed room, and found the window open—I looked out of the window to see if I could see or hear anything—I afterwards looked into the wardrobe—the door of the wardrobe was open, and the plate was gone—three drawers were open, and part of the things thrown out—I went into the adjoining room, and found the window open a little—there was a pane of glass out in the little room—the room in which the prisoner slept was next to our room—he slept nearer to my master's room than we did—when we went to bed the windows were

closed—we had a brass candlestick in use the night before—it was in the kitchen, and had a little snuff of candle in it—I placed it on the kitchen bars, and left it—the next morning there was a mark of blood on it which was not there the night before—I had cleaned it on the Monday—I went into the prisoner's room on the evening of 26th Jan., and I observed a piece of candle and a few matches on the stove about 10 o'clock—I had never seen lucifers or a candle in his room before—the next morning, when I went into his room, the candle and lucifers were not there—these lucifers (produced) are similar to those I saw in the room, and this is a stone which I saw there the night before—this paper is what the knives were wrapped in; here are marks of blood on it.

Cross-examined by MR. MAC INTYRE. Q. What is there particular about these, are they not common lucifer matches? A. Yes; the prisoner had been five months in my master's employ—I do not know from whose service he came.

MR. BODKIN. Q. Were the knives taken away? A. No; this paper was lifted out of the basket and left there—the basket was taken away.

JOHN MANSELL . (police sergeant, T 1). In consequence of hearing of this robbery, I went to the prosecutor's house about half past eight o'clock in the morning—Kirby had been there before me—when I went the prisoner came to me at the back of the house—I asked him how the robbery had been committed—he said they had broken the glass in the up stairs window, and had got in that way, and escaped out of master's bed room window—I went up, and saw a square of glass broken in a small room adjoining the master's bed room—I asked the prisoner how they could have got there—he said, "They must have had a ladder," and he pointed to some marks on the flower border under the verandah window—they were such marks as a ladder that was lying there would make—I found two ladders there—I compared them with the impressions on both places, and they corresponded exactly, and they fitted in the holes in the ground—neither of those ladders were long enough for a person to get in at the window—I tried the long ladder; the short one was quite out of the question—the prisoner pointed out some foot marks on the flower borders, which he Raid were the foot marks of the thieves—I asked him to put his foot on the border to make an impression—I said, "It corresponds exactly, it is just like your foot"—he said, "It is something like it"—I asked him to take his boot off, and it made an impression just like the others—I said, "It must be your boot; it cannot be any one else's; I will take my oath it is yours"—he said, "I cannot account for it, Sir"—he had not stepped on the border in my presence before he pointed out the foot mark to me—I found an iron tip under the window of the verandah—I went into the house, and examined the window where the square of glass was broken out, and I believe the glass had been broken from the inside—there was one very small piece of glass in the room—the rest was all outside on the verandah and the border—there were three spots of blood, two on the glass, inside, and one in the room—I examined the prisoner's hands, and found he had a slight cut on the forefinger of the left hand—it appeared to be quite fresh, and to have been cut by something very keen—he said that he did it in chopping some wood on the Monday with a chopper which he produced—this is it—it has a very thick edge—I should think the cut could not have been inflicted by this—I examined about the ground, but could find no trace of any person leaving that spot—I know the spot where the plate was found—a person might have gone there without going by the flower

bed, by going out of the front of the house and going round—if a person had gone from the place where the foot marks were to the walk, there must have been more marks—I think a person could not have got down from the window without leaving marks—I was present when the plate was discovered in a loft over the place where wood is chopped—the plate was found on the Wednesday morning, the morning following the robbery—it was wrapped in this newspaper, and concealed under the wood and rubbish—this is a Lynn newspaper, addressed to "Mr. Linford, at H. Hodgkinson, Esq., East Acton"—all the plate was in this paper—I found this stone in a box in the prisoner's bed room—I did not see any lucifer matches or candle there—I found another newspaper in a cupboard in the prisoner's bed room.

Cross-examined. Q. How much shorter was the long ladder than the window? A. About four feet—it was only four feet ten inches long—the two ladders together might reach the window—I observed four or five footsteps on the border—they had come apparently from the veranda—it appeared that they had passed off towards the gravel walk, and from that gravel walk a person might get to the place where the plate was found—the prisoner had no hesitation in putting his foot down by the side of the foot marks—the foot marks corresponded; they were about the same length and breadth—there were no particular marks—they were rather smaller than boots are generally, and are peculiarly made—the mould was soft, it was very wet; it had been recently dug up—there were six marks of ladders, four of the short ladder, and two of the long one—there was a third ladder there that was longer than the window.

MR. BODKIN. Q. What was the short one? A. It was the back part of a step ladder, the swing part broken off—it had two or three bars or framework about it—the gardener said that the long ladder was in the same position in which he had left it on the previous Saturday; that was at the other end of the house—the two ladders that I tried, fitted the holes that were there—a person might have gone down the gravel walk, and over the hedge, to where the plate was found—the hedge was beaten down, but I could not find any trace of any one getting over—this is the boot I made the impression with—it is a very peculiar make.

COURT. Q. You said before that if a person had gone from the place where the marks were to the gravel walk, there must have been additional footmarks? A. Yes, and there were no additional footmarks—no person could have gone from there that morning—the small ladder was lying down on the flower border; the other was in the yard—there were marks of the ladder—the gardener will tell you they were made on the Saturday before.

JOHN KIRBY . (policeman, T 203). On 27th Jan. I went to Mr. Hodgkinson's house, at a quarter before 4 o'clock in the morning, and saw the prisoner and the maid servants—the prisoner met me in the kitchen, and said, "There has been burglars in the house"—I said, "How do you know?"—he said, "I was lying in bed, not asleep, but dozing, and I heard a kind of squeaking noise"—I said, "A squeaking noise?"—he said, "Yes; it appeared to me like a window going up, and it struck me all in a moment that it was a burglary; I immediately got out of bed, and caught hold of the bedroom door; I shook the door, and I afterwards went out, and catched hold of the fire irons"—he said that he afterwards heard his master's bed room window go up, and went back to the maid servant's room, and gave them an alarm that burglars were in the house; that they got up, and found the room where the burglars had entered, and the master's bed room too—I went up stairs, and they showed me the room where the square of glass had

been broken in the top of the window—I asked the prisoner where the plate was—he said, in a cupboard in the wardrobe, in his master's bedroom—I said, "What in?"—he said, "In a plate basket"—I went into the master's bedroom, and saw the wardrobe, and some drawers open, some flannel and other articles lying on the carpet—I went into the room where the window was broken, and picked up three lucifer matches—I found some lucifers like them in the kitchen.

Cross-examined. Q. Did you go near the fields? A. Yes; I went down the garden first—I saw some marks in the field, near a heap of rubbish, as if some one had been on the top of it—there were no marks at all on the side of the hedge—I should say the hedge is 100 yards from the house, down at the bottom of the garden.

JOSEPH SWANN . I was gardener to Mr. Hodgkinson. I was at work there on Saturday, 24th Jan.—I used three ladders that day, a long one, a short one, and the back of a step ladder, which I laid down—I used the ladders near the window of the room where the plate was—I made one impression of the middle ladder—I made no impression with the long one; I put that on the gravel path—I made no impression with the back of the step ladder, only to lay it down flat—I received this letter (looking at it by) post—the prisoner had to chop wood in that shed, where the loft is in which the plate was found.

Cross-examined. Q. Were there other persons employed in that loft? A. Not that I know of—I could go there—I did not put those things there—the prisoner had been chopping wood there on the Saturday before the robbery.

(Letter read—"House of Detention, Clerkenwell. Dear Friend,—I write this to you, hoping you will do me the kindness to get Mr. Drain, or any one else, just to search all the ditches on the side of Crown-lane, and all about the hedges at the end of the two grass fields, and that field sown with wheat or oats, and the path which joins the two grass fields, for the basket. I will pay you for it, and the man you employ, whatever you charge. I hope you will send me four stamps, six sheets of paper, and six envelopes. You and the man can charge what you like; I will pay you on Monday. Send me the Times newspaper on Wednesday. I shall not know how to thank you, if yon will get a man to look in the place I have named.")

ELIZABETH FRANKLIN . I am the wife of Charles Franklin. I found the plate basket, and left it where I saw it—I think it was about 200 yards from Mr. Hodgkinson's house, and about three yards from Crown-lane, about two yards from the gate of the field—I gave information to Mr. Hodgkinson.

Cross-examined. Q. Did you faint when you saw the basket? A. Certainly not—I did not pick it up—I did not know whether it was Mr. Hodgkinson's or not—Crown-lane leads across to the road.

WILLIAM STANTON . I am a postman. I saw the basket last Wednesday—there is a lane called Crown-lane, and there are four ditches—there is a hedge at the end of the two grass fields—there is a gate, which leads into Mr. Young's ground—there is a field, which had wheat last year—that field joins the grass field—the basket was six or eight feet inside the gate joining the grass field.

COURT. Q. Could you see it as you went along Crown-lane? A. Yes.

MARGARET CAROLINE HODGKINSON . I am the wife of Sampson Hodgkinson. The prisoner had been in our employ five months—he was to leave on the 25th—Mr. Hodgkinson had given him notice—the value of

the plate is upwards of 10l.—it is my husband's property—our house is in the parish of Acton.

Cross-examined. Q. Of course when you received the prisoner, you had a good character with him? A. Yes, two very good characters.

GUILTY.—Recommended to mercy by the Jury on account of his previous character. Confined Twelve Months.

Reference Number: t18570202-293

293. GEORGE GRAY , stealing 16 gas fittings, value 6s. 6d.; the goods of James Meacock.

THOMAS BROMLEY . I am apprentice to Mr. James Meacock, a gas fitter, No. 7, Snow-hill. The prisoner had been in his service, but had quitted him about a week previous to the robbery—on Wednesday evening, 14th Jan., the prisoner came about 6 o'clock—I went to the door—he asked if my master was at home—I said, "No"—he asked if Robert or George were in—I said, "Yes"—I went to the bottom of the stairs, and called Robert, and my mistress answered—I went out of the shop, and went over the way, to see for my master—I came back, the prisoner was there—I said, "Has not Robert come down?"—he said, "No"—I saw my mistress in the lobby—she said something to me—I heard the drawers of the gas room open, and heard the unions clash—I looked through a broken square of glass, and saw the prisoner in the gas room, taking the brass unions, and putting them into his back coat pocket—I rushed into the room, and laid hold of the prisoner—he put them down, and rushed out of the shop—I rushed after him, brought him back, and called for assistance—I saw the policeman take eleven unions out of the prisoner's pocket—they were worth 6d. or 8d. apiece.

Prisoner. Q. Did you not ask me to come into the shop? A. I asked you to wait, and come into the shop—I went up stairs and came down again, and went out to the public house—I do not remember saying, "My master means to serve me as he has done others."

WILLIAM HALL . (City policeman, 704). I was on duty near the prosecutor's that night—I saw the prisoner loitering about in front of the house—I saw him afterwards go into the house—I was away but a very few minutes, and when I came back I had lost sight of him—I waited, and saw him come out of the shop, quickly followed by the last witness—he took him back into the shop—I heard the last witness speaking loudly—I went back, and saw the witness with something in his hand, and he said to George Meacock, "See what he has been doing"—they were speaking very kindly to the prisoner, and I said to him, "These people seem very kind to you, if you have anything else give it up"—he said he had not—I searched him, and found these eleven unions in his pocket, and 8d. in money, and other things—the prisoner said he was in distress, and he took these things only to get a night's shelter, as he had no lodging.

Prisoner's Defence. I was employed by Mr. Meacock, and I went to his shop for my money; he offered me 9s., which I declined to receive, for 1l. 8s. 3d.; I asked him for more, and he said he would see me d—first; I went to the Sheriff's Court, and it was to be heard on the 13th; I went to the shop this night, and Bromley opened the door; I asked for Mr. Meacock, and he said he was not at home; I asked for Robert, and he said, "Come inside;" I did go inside, and the conversation we had was, he said, "I think the governor means to serve me as he has done Blackhall and French;" they were two men whom he had discharged on the Saturday night, and not paid them, and Blackhall's wife came on the Saturday night

before Christmas, praying for her husband's pay—he Would not pay her, and the men said they would make a subscription for her, and he put his hand into his pocket, and gave her 5s.; this conversation took place between Bromley and I, and he said, "Gray, if I were you, I would take a stone, and break this window;" I said, "No, that would be poor spite, I will take these unions, and keep them till he gives me my money;" I held them in my hand; if I had wished to steal them, I could have been away long before they came down; Robert came, and he said, "Put them down;" I said, "I will if you will give me my pay;" this policeman came and took me in charge without being told to do so; I had not the slightest intention of stealing in taking these unions; I believe they were placed there on purpose to entrap me.

GUILTY . Aged 30.— confined Nine Months.

THIRD COURT.—Wednesday, February 4th, 1857.

PRESENT—Mr. Ald. COPELAND.; Mr. Ald. LAWRENCE.; and Mr.COMMON SERJEANT.

Before Mr. Common Serjeant and the Eighth Jury.

Reference Number: t18570202-294

294. GEORGE THOMAS SAMBROOK , feloniously cutting and wounding Thomas Alexander Young; with intent to murder him: to which he

PLEADED GUILTY . Aged 18.

(MR. SLEIGH. stated that the prosecutor considered his life to be in danger from the threats of the prisoner, and that he had also threatened to do for one of the witnesses when he came out, if she said that the knife was open.)

Confined Twelve Months, and then to find sureties to keep the peace for Twelve Months more.

Reference Number: t18570202-295

295. JOHN BARRY was indicted for unlawfully uttering counterfeit coin.

MESSRS. BODKIN. and POLAND. conducted the Prosecution.

ROSINA WOOD . I am barmaid at the Coachmaker's Arms, Belgravemews, Pimlico. On Tuesday, 20th Jan., about half past 10 o'clock in the morning, the prisoner came and asked me for 6d. and 6d. worth of coppers in change for a shilling—I told him that I had no coppers to spare, and he said that two sixpences would do as well, as it was for a person who was going to pay him 6d., a neighbour, for whom he had done something—I gave him two sixpences, and he gave me a shilling, and went away instantly—it was bad, and I went to the door, but could see nothing of him—I put the shilling into my pocket, I had no money there—about half past 6 o'clock in the evening he came and asked for 2d. worth of gin, and gave me a shilling—I said, "This is a bad shilling, which I believe you are quite aware of, being the second you have passed to day"—he said, "I have just taken it of a person close by, if you will return it to me I will take it back"—I said, "No, I shall not do so"—he left the house, and Mr. Girton, the landlord, who was in the street, took him in charge—I put the shilling into my pocket, went up stairs and fetched the first shilling, and Mr. Girton marked them both in my presence.

Prisoner. I never was in the house before in my life. Witness. I am sure you are the man who came in the morning.

JOHN GIRTON . I keep the Coachmakers' Arms. I received these two shillings from the barmaid, marked them, and gave them to the constable—I asked her, in the prisoner's presence, if she was certain of his identity—she said, "Yes"—the prisoner said that he was there in the morning, and had passed the shilling as the barmaid said, but that he did not ask for change, but for beer—I gave him into custody.

JOHN BABB . (policeman, B 120). I took the prisoner, and received these two shillings from Mr. Girton.

WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint. These shillings are both bad, but from different moulds.

Prisoner's Defence. I was not aware that the money was bad; I got it from a bricklayer for emptying a cesspool.

GUILTY . Aged 50.— Confined Nine Months.

Reference Number: t18570202-296

296. WILLIAM JONES , FREDERICK FELTON , and THOMAS ROOK were indicted for a like offence.

MESSRS. BODKIN. and POLAND. conducted the Prosecution.

THOMAS SYRED . I am a shoemaker, of West Drayton. On Monday, 19th Jan., between 12 and 1 o'clock, Felton and Rook came in, and asked me if I wanted any writing paper—I said that I would have 1d. worth, and gave Rook a shilling, which I am sure was good—he said that he had not got change, gave me back a bad shilling, and went away directly—I told Felton that it was his mate who had changed it—he said that he had not, and he was sure it was not, for he had got ne'er a one about him—Felton went away, and on the Wednesday following I gave the shilling to Hone, a constable—Jones stood outside the shop, and I believe he was there when Felton went.

Jones. You said before the Magistrate that you send the shilling to get it changed by a little girl five years old. Witness. Yes—I am sure she brought me back the same shilling.

Felton. Q. Did not you give the shilling to a woman in the shop? A. No, the woman of the house came in, but she had nothing to do with it.

Rook. Q. Did not you take the shilling out of your pocket, and give it to the old woman, who gave it to Felton, and who gave it back to her again? A. No, I gave it to you—it was the only shilling I had in my pocket—I had received it from the relieving officer about an hour before, and it was different in appearance from this.

GEORGE HONE . I am a constable, of I over. On 21st Jan. the last wit-ness gave me this shilling (produced).

Felton. Q. Did you see us that day? A. Yes, I met you in the lane, about 11 o'clock.

JANE BIRCH . I am the wife of Edmund Birch, a baker and beer shop keeper, of Hillingdon. On 19th Jan., about 3 o'clock, the three prisoners came for a pint of beer—my little daughter served them, and brought me a half crown next door—I could see them—I gave them 2s. 4d. change, and as they went away very quickly, I took it out of the till, and found that it was bad—there was no other half crown there—I went out, came up with them all together, and asked what they meant by passing bad money—Felton said that he took two of them in the morning, and did not know that they were bad—I told them that if they did not give roe my money I would charge them—they gave me my 2s. 4d. and took the half crown, and I let them go.

Felton. I gave it to the woman who was sitting down, and I thought it

was you. Witness. That was my sister; she is not here, as she never meddled with it.

Rook. Q. Did not you say that the child went to the till and brought the change? A. No, there was no money at all in the till.

MR. BODKIN. Q. When you overtook them, did they suggest that this was not the half crown which they had passed? A. Not in the least.

LUCY HIGGS . My husband keeps a pie shop, at Hillingdon, On 19th Jan., about 7.30 o'clock in the morning, Felton came and asked for some pies—they came to 2d.—he gave me a shilling, and I gave him 10d. change, and while I was giving it to him Book came in, and asked if I sold hot potatoes—I told him I sold nothing but pies, and they both went away—Roadknight then came in, and I gave him the same shilling, I had no other.

RICHARD ROADKNIGHT . (Police sergeant). I am stationed at Uxbridge. On Monday, 19th Jan., about 2 o'clock, I saw the three prisoners come into Uxbridge by the Drayton road, dressed in smock frocks, as they are now—about 7. 30 o'clock I saw them all without smock frocks—I watched them, and saw Felton and Rook go into Higgs's shop—Jones stopped outside, looking up and down the street—the shop has a glass front—they came out in about a minute, and joined Jones, they then all went down the street together—I told a friend to watch them, and went into the shop, and received this shilling (produced) from Mrs. Higgs.

Jones. Q. The woman said that we came into her shop at 2 o'clock; at What time did you see us come into the town? A. At 2 o'clock; you came in a direction from Drayton, and Mrs. Birch lives on the road to Drayton, about one mile and a half from Uxbridge.

CHARLES ADAMS . I am superintendent of police at Iver. From information I received I went to tie Chequers public house, Uxbridge, on 19th Jan., between 11 and 12 o'clock at night, and found the three prisoners in the tap room, without their smock frocks—I took them into custody—on taking Jones's cap off, this half crown (produced) fell on the floor—I gave them to a policeman, went down to their lodging, and found these smock frocks, which they said were theirs, and put them on—I also found this bundle of writing paper—their dress was complete without their smock frocks.

WILLIAM WEBSTER . These coins are all bad.

Jones's Defence. I found the half crown on Uxbridge Common, on Sunday afternoon, and when I told Felton on Monday, he said, "I do not better you;" he looked at it, and said that we would have a pint of beer and divide it; we did so, and the woman came calling after us, and told us it was bad; we gave her the change back for it, and I put it into my cap; I know nothing of the shillings.

Felton's Defence. When he told me about the half crown, I said that I did not think it was good; he said, "You only want to do me out of my halves;" we took it to the little girl, and she took it.

COURT. to RICHARD ROADKNIGHT. Q. Are you sure about the time? A. It must have been 2 o'clock, or a few minutes afterwards, because I went up to London by the train at half past 2 o'clock.

COURT. to JANE BIRCH. Q. Does anything enable you to fix the time when you saw them? A. Not particularly—I had not had my dinner—it was as near 2 o'clock as I can tell, but I guessed at the time.

JONES— GUILTY . Aged 17.

FELTON— GUILTY . Aged 15.

ROOK— GUILTY . Aged 17.

confined six Months.

Reference Number: t18570202-297

297. JOHN GARDINER , unlawfully assaulting Mary Ann Fairbrass, a girl under the age of ten years, with intent, etc.—2nd COUNT., common assault.

MESSRS. SLEIGH. and W. J. PAYNE. conducted the Prosecution.

GUILTY. on 2nd Count. Aged 20.— Confined Twelve Months.

Reference Number: t18570202-298

298. GEORGE MORTON , feloniously forging and uttering a warrant for the delivery of 6 yards of cloth and 1 rug; with intent to defraud; also, unlawfully obtaining the said goods by false pretences: to both which he

PLEADED GUILTY . Aged 35.— Confined Nine Months.

Reference Number: t18570202-299

299. WATKIN WILLIAMS , stealing 1 canvas wrapper, 9 yards of coburg cloth, and other goods, of John Bodger, his master: to which he

PLEADED GUILTY . Aged 27.— Confined Six Months.

Reference Number: t18570202-300

300. WILLIAM JOHN GARDNER , stealing 6l. 18s. 10d.; the moneys of Joseph Hornby Baxendale and others, his masters: to which he

PLEADED GUILTY . Aged 28.— Confined Twelve Months.

Reference Number: t18570202-301

301. PATRICK MADIGAN and ISAAC STRINGER , burglariously breaking and entering the dwelling house of Charles Stone, at Hillingdon, and stealing therein 1 gallon of beer, value 1s.; his property.

MR. J. W. PAYNE. conducted the Prosecution.

CHARLES STONE . I keep a beer shop at Hillingdon. On Saturday night, 15th Jan., I fastened up my house about a quarter past 11 o'clock—there is a cellar flap on the path, which was fast—it had not been opened for more than a week—there was a cask of beer in the cellar—I was called up between four and 5 o'clock by a policeman, went into the cellar from the house, and found the flap broken open—it had been fastened with a bolt across underneath—it had been wrenched up, so that the bolt slipped away when they pulled—the vent peg had been taken out of the head of the cask, and the beer was left running—the policeman found a large stick in the cellar, which was not there the night before—there is a back window there, and the putty had been cut out of one of the squares, but the glass was not removed—they had wasted nine or ten gallons of beer.

Madigan. Q. Were you in bed? A. Yes; I opened the front door, and admitted the policeman Sudbury, who had called me—I should say that some instrument must have been used to the flap, or it might have been wrenched by the hand—I had a light in the cellar—the peg was half way down the cask, and therefore I conclude that the cask was half emptied.

DANIEL SUDBURY . (policeman, T 212). I am stationed at Hillingdon. On Sunday morning, 18th Jan, about a quarter past three o'clock, I saw the prisoners together ten or twelve yards from the prosecutor's house—Andrews, who was with me, went round one way and I the other, and we then saw Stringer walking away from the cellar flap, close to it—it was then about half past three—he walked away before I got up to him, and passed me—I did not know then that he had done anything—I went to the cellar flap, and heard a noise—I went down, Andrews followed me, and I found Madigan concealing himself in a corner of the cellar—I asked him what he was doing there—he did not answer me, and I handed him up to Andrews—I found this stick (produced) in the cellar—I then went in search of Stringer, found him, and took him into custody; his cap was all over cobwebs—I said that I wanted him for breaking into Stone's house with another man—he said that he knew nothing at all about it, or about the

other man—(I suppose he had concealed himself, for when I went in search of him I must have passed him; I met him on the bridge as I was coming back, about 120 yards from Mr. Stone's house)—I took him into custody—the cellar flap had been wrenched open, and the back window had the putty cut out all round a pane of glass—the beer was running over the floor.

Madigan. Q. Where were you when the attempt was made on the house? A. I believe we were in the park—Stringer said, "What business have you to search us in the streets? I suppose you are some b——green horns belonging to the police about two years"—that was about a quarter of an hour before finding him in the cellar—I did not search you—you did not tell me that you were destitute, and looking for a lodging—I did not notice the beer when I went down—I did not stop to look.

COURT. Q. Were there any cobwebs in the cellar? A. Yes; all over the ceiling, which is very low—I was obliged to take my hat off to get into it—Stringer was standing there with his cap on—it would get all over cobwebs.

WILLIAM ANDREWS . (policeman, T 16). I was with Sudbury, and saw the prisoners about a quarter to three o'clock, standing together about twenty yards from Mr. Stone's—we searched them and found nothing—I have heard the account that Sudbury has given, it is correct—I took Madigan in the cellar, and Sudbury went after Stringer—as I was going with Madigan, he said, that if it had not been for his fool of a mate, he should not have been there at all, for he wanted to go to a gentleman's house in the country, where they would have had a good haul—he also said, "If we had not forgotten some lucifers, we should have had the crib turned over before you came up"—he also said that if the landlord had come down, he would have quieted him with this knife (produced), pulling it out of his pocket—I took it from his hand; and he said, "If you had handled me roughly I should have put it into you; I would as leave be hung out of the way as I would live; we had to pull up some sweet turnips out of the road; me and my mate had some beer, but we could not very well get it; we were obliged to get it out of the peg, but if we had had a pot we could have drank it—I found nothing on him, but he said that he was a ticket of leave man—I asked him to show me his ticket, and he pulled it out of his pocket and gave it to me—(This being produced, was for a military offence, striking his superior officer, and was dated 31st July, 1856.)

Madigan. Q. Was not I handed up to you from the cellar? A. I went down; it is about four feet deep, it is not seven feet ten—I had my lamp alight—you were stooping in the corner, trying to conceal yourself, and I took yon by your collar—I did not see the beer running, nor did I see you drinking any—you used no violence.

Stringer. Q. Did you not go one way and the other policeman the other? A. We lost sight of you, and I went to see whether you were going down the road or not—I got over a hedge, and then came round, and saw you go away from Mr. Stone's door—you did not pass me, and I did not take you then, as you had got too far, and I heard somebody in the cellar.

Madigan's Defence. I was transported for striking my sergeant, and came to England in Aug., on a ticket of leave, and 4l. 10s., which lasted me till a few days ago; I sell paper and envelopes; if I had intended to commit a crime, I should not have done so with a ticket of leave about me, which would criminate me; I was sleepy, wet, and hungry, and had no money to get a lodging; I stumbled over the trap, and when I saw that

there was an entrance, I went down, and was asleep for about half an hour, but did no damage; when the policeman found that he could not make a crime out of it, he very likely took the plug out, for he said, "Now I will make a crime of you, and make a little money of it; I think I can make up a story as well as any policeman can;" the two policemen went down and drank their bellies full, and then passed off their crime on us two old soldiers; I have been wounded, and have got a medal.

Stringer's Defence. I was travelling the country for a situation; I came to Uxbridge at a very late hour; saw this prisoner, but did not know that he was a ticket of leave man; the policemen came and searched us, and I went away, and a quarter of an hour afterwards, the police-man came into the town, and said that this man had broken into a house.

MADIGAN— GUILTY . Aged 32.

STRINGER— GUILTY . Aged 21.

confined Twelve Months

Reference Number: t18570202-302

302. HENRY WESTWOOD , breaking and entering the dwelling house of Elizabeth Nixon, at St. Pancras, and stealing therein 1 waistcoat, value 14s.; the goods of William Robinson: and 1 shawl and 1 gown, value 1l. 10s.; the goods of the said Elizabeth Nixon.

ELIZABETH NIXON . I am single, and am a dressmaker, of No. 8, Frederick-street, Regent's-park. About 30 minutes past 7 o'clock on the evening of 29th Dec. a friend called on me, and I went with her down into the back kitchen, and about five minutes afterwards I heard a noise in the back parlour, and then we all of us heard a drawer drawn out very heavily—my friend's sister and a young man, a lodger, were also there—the young man went up stairs first, and we followed—we had got nearly to the top of the kitchen stairs with a light, and quite in sight of the parlour door, when the prisoner rushed out of the back parlour, and turned round upon us—he looked very violent, but the young man called out, "What do you want here?"—he said, "It is all right," sprang to the street door, went out, and slammed it after him, but he had secured it from shutting by the bolt—my lodger Robinson ran out, and called, "Police! stop thief!" and in a few minutes a policeman brought the prisoner back, and I recognized him immediately—I swear he is the man—he must have entered with a skeleton key, for I had closed the door five minutes before—the front parlour, which the prisoner entered, was left wide open—it had not been locked—it was the back parlour he sprung from—two drawers in the back parlour were open—nothing was taken out of the place, but the things were got ready to be taken away.

WILLIAM ROBINSON . I lodge in the house of the last witness. I was in the back kitchen—I got up the stairs first with a light, and saw the prisoner—he ran out, but was brought back in two minutes, and I knew him—I lost sight of him scarcely a second, while he turned a corner.

Prisoner. Q. How do you charge me with stealing your waistcoats? A. One of my waistcoats was partly removed out of a drawer; it had been safe before—you were very violent, and said that you were a gentleman, and innocent—the three articles removed were a dress, a shawl, and the waistcoat.

CHARLES MERHICK . (policeman, S 328). I took the prisoner—he was walking very fast, about 300 yards from the house—I had to run some distance—I said, "You must go back with me to Frederick-street, to see what is the matter;" he said, "Can you tell me what is the matter, Sir?"—Robinson

said, "Hold him tight, that is the man, he has broken into our house"—I took him there, and examined the back parlour—three of the drawers were open, and this shawl (produced) was hanging out of one of them, and was partly on the floor—this dress and waistcoat were out—I took him to the station, searched him, and found some matches in his pocket.

Prisoner's Defence. When they found out that I am a ticket of leave man, they said that the property had been removed, but not before; no man would take a waistcoat out of one drawer, and put it into another, if he had broken into the house.

GUILTY .** Aged 19.— Four Tears Penal Servitude.

Reference Number: t18570202-303

303. WILLIAM EVANS , stealing 1 sack and 4 bushels of oats, value 14s.; the goods of James Gray, his master.

JAMES GRAY, JUN . I am a labourer for my father, of Gilson, near Hounslow. On Thursday, 6th Jan., I was watching the prisoner when he left work, and saw him come out of the barn with a full sack on hit shoulder—he put it on the partition between our and our neighbour's premises, and some person on the other side, who I could not see, took it—I told my father, and he went out—while I was telling him, the prisoner locked the barn up, came in with the keys, and hung them up, as if he was going home-—my father went out at the front door, met him, and asked him to go down to the neighbour's yard with him, but he ran away—we then went and saw our neighbour's son, John Martin, close to the place where the sack was put over—my father asked him what he had done with the sack of oats which had been put over—he showed my father where they were—they were covered over with some dung, within five or six yards of where they were put over—my father went to his father, and told him, and John Martin brought the oats, and put them into our stable—Martin was taken the next day, and had six weeks summarily, or to pay 3l. 10s.—I can swear to the sack—it is here—I cannot swear it is the one he had on his shoulder, but I have no doubt of it—it was five or six minutes from the time the prisoner handed it over and it being found covered with dung—I compared the oats found in the sack with those in the barn, and in my judgment they corresponded.

JAMES GRAY . My son spoke to me, and I went with him to my neighbour's, and saw the sack found under the dung—I compared them next day with the oats in the barn, and they corresponded in quality and appearance; they were black oats—the prisoner had no authority to take them—my name is on the sack.

WILLIAM BEECHEY . (policeman, T 29). I received information about a week before, and took the prisoner on 21st Jan.—he had absconded—I went to his house two or three times—I ultimately found him at his house about 8 o'clock in the morning—I told him he was charged with stealing a sack of oats belonging to Mr. Gray—he said that he knew nothing about any oats—at the station he said that Martin knew as much about them as he did, for he took the sack of oats over the bushes.

Prisoner. He has told you a falsehood. Witness. No such thing.

Prisoners Defence. Is it possible that a man could swear to me by looking through a wooden board at 6 o'clock at night, when it was quite dark at 5 o'clock.?

GUILTY .

(The prisoner was further charged with having been before convicted.)

GEORGE BEARD . (policeman, T 184). I produce a

certificate—(Read—"William Evans, convicted at Clerkenwell, Feb., 1855, of stealing wheat of his mistress—confined six months")—I was present at that trial—the prisoner is the same person—he was in my custody.

GUILTY. Aged 30.— Confined Eighteen Months.

OLD COURT.—Thursday, February 5th, 1857.

PRESENT—Mr. Justice WIGHT-MAN.; Mr. Baron BRAMWELL.; Mr. Ald. COPELAND.; and Mr. Ald. LAWRENCE.

Before Mr. Justice Wightman and the Fourth Jury.

Reference Number: t18570202-304

304. JOHN PAUL was indicted for stealing, on 2nd Sept, an order for the payment of 378l. 15s. 6d.; the property of the guardians of the poor of the City of London Union, his masters.—2nd COUNT., of Thomas Thornton and others, his masters.

MESSRS. BODKIN. and M'INTYRE. conducted the Prosecution.

STEPHEN HOBSON HEATH . I am one of the guardians of the poor of the City of London Union. The prisoner was assistant clerk to the board of guardians, and had been so for many years—his salary was 200l. a year, and apartments at the Union-office, St. Mary Axe, to live in, rent free, for himself and family—he was assistant clerk to the board of guardians on 2nd Sept last—I was present at a meeting of the board of guardians on that day—this is the minute book (produced)—it is not in my handwriting—it is kept by the clerk of the board, not the prisoner—this entry of 2nd Sept. is in the handwriting of Eldred.

BENJAMIN GILL ELDRED . I was a clerk in the employment of the board of guardians; I was so on 2nd Sept. These minutes of 2nd Sept. are in my writing—I have no doubt I was there on 2nd Sept, for I never missed being there, but these were not written on 2nd Sept.

Cross-examined by MR. SERJEANT BALLANTINE. Q. How long had you been connected with this board? A. About seven years—the prisoner had been in the employment of the board long before that, many years.

Q. Do you know the mode in which the board arranged the payment of the different accounts to persons? A. I think, generally speaking, they were signed at the board, and I did not see them after they went up—the prisoner paid some of the cheques, through his own bankers—that was known to the board, and to everybody; it was known to me; some of them, but not all, certainly—I mean, some of the cheques given by the guardians of the Union, and he then paid parties by cheques of his own, creditors of the Union; many of them were not creditors, but non-resident householders—I very frequently filled up the cheques, whether drawn on the Union bankers or on his private bankers.

Q. After the cheque had been paid into his own bankers which he received from the Union, supposing him to pay the money by a cheque of his own, were you in the habit of recognizing that system, and filling up the body of the cheque? A. A very great many of them—it would be the prisoner's duty to receive directions as to the course of business he was to pursue from the guardians, or from Mr. Rowsell, who was the representative of the guardians—there were printed papers in 1850 pointing out the duties of all the servants—the duties of the clerks were defined in a printed list—I believe all the servants have been acting under those orders since that time—Mr. Thornton

was chairman of the board on 2nd Sept, 1856—I am not aware that he is here—there was an auditor who attended half-yearly to audit the accounts.

MR. BODKIN. Q. Have you ever yourself paid in any cheque to the prisoner's private account which had been drawn by the board for the pay-ment of their disbursements? A. I am not aware that I ever did—the prisoner has not told me that he paid in the cheques of the board, and then drew cheques on his private account—I am quite aware that he has paid them; he has been in the habit, at the end of the quarter more particularly, of taking a list, printed on the paper of business, of certain amounts, perhaps sometimes as many as twenty, and he drew one cheque for that amount, at least, I generally drew the cheque—there was one cheque drawn for the board to sign; that cheque included several persons' accounts—the prisoner would present a list of perhaps twenty items to be paid to different persons, generally small accounts, and one cheque would be given to him for the whole of those accounts—I generally drew the cheque, and it was signed by the guardians at the board—I cannot, state what the amounts would be that were included in that cheque; they would vary considerably—I think the last two cheques, which was soon after the Michaelmas quarter, only amounted to 120l. odd—the small amounts of which those cheques were composed, varied perhaps from 2l. or 3l. up to 10l.—the cheque that I am now speaking of had not reference to payments—there were cheques drawn for the express purpose of non-residents, and likewise for the payment of apprenticeships, and they were paid by the prisoner in his own cheques.

MR. SERJEANT BALLANTINE. Q. Did those general cheques amount to many thousands of pounds in the year? A. I should say, decidedly not, not to several thousands.

STEPHEN HOBSON HEATH . re-examined. I was at the board of guardians on 2nd Sept—the prisoner was acting as assistant clerk to the board of guardians on that day—he was present at the board that day—Mr. Rowsell was out of town at that time—I was present when this cheque was given to the prisoner—it was given to him to pay Kingsford and Co., one of the contractors for flour to the Union—the whole of it was to be paid to them—he was to pay them that cheque—he had no authority to pay it into his own bankers, to his own account—I did not see that cheque again until 17th Dec.; I then found it in the prisoner's private desk, at the house he lived in, in St. Mary Axe—he had then left the office; it was after he had absconded—the returned cheques of the Union would be kept in his office until the audit; they might have been kept in his private drawer; I do not know.

Cross-examined by MR. SERJEANT BALLANTOTE. Q. How long have you been connected with these guardians of the public money? A. For twelve months—there are a good many gentlemen connected with the board, who have been much longer at it than I have, and who, I should think, know a great deal more about it—I have heard that the prisoner has been a servant of the guardians for twenty years, I think—I knew, as a guardian, what his duties were, as well as if I had been there twenty years ago—I know what he did, or ought to have done—I certainly did not know of the system of paying the cheques of the guardians into his own bankers, and drawing out the sums he wanted to pay persons—I never heard of it; I am quite sure if I had, I should have proposed his immediate suspension from his office, and so would the other guardians—it was never known by the guardians that he did so—I know now that it was his constant habit to do so—it was

most certainly done without the authority of the board—Eldred was a clerk of the Union, but in consequence of his revealing that he knew of this fact, he has been discharged by the board of guardians—he was discharged because he was aware that Mr. Paul had used the cheques of the guardians, and had not informed the guardians of that fact—I mean used them by appropriating the money to his own use, by paying them into his bankers in the first place; I am now aware of the fact, that accounts have been paid by him over and over again, by his own private cheques—he may have paid his own cheques to Messrs. Atkinsons, to the amount of thousands—I am speaking of matters that I have learned since.

MR. BODKIN. Q. You have stated, that until certain discoveries you were not aware of any payment into his own private account, of any sum given him by the guardians? A. Certainly not, nor, as far as my knowledge extends, were the board aware of it—it was his duty, when he received the cheques for the non-resident poor, a number of accounts together, to get the money for that and pay it to the different accounts—Messrs. Smith, Payne, and Smith, are our bankers.

JOHN ROBINSON GLANVILLE . I am a clerk in the Bank of London. The prisoner had a private account at our house—on 13th Sept. last, 443l. 15s. 6d. was paid in to the credit of his account—this cheque for 378l. formed a portion of it—when a customer pays money into our bank, a credit note is given for it—this (produced) is one—I believe it to be in the prisoner's handwriting; this was handed in with the money—the items of which the amount was composed were 378l. 15s. 6d., 35l., and 30l.—we stamp all cheques that are paid in—I see our stamp on this cheque—that is put on by some of our clerks after it is paid in.

WILLIAM SAMUEL FLINDERS . I am cashier to Messrs. Smith, Payne, and Smith. On 13th Sept, I cashed this cheque for the Bank of London.

JOHN THOMAS ROWSELL . In Sept last, I was principal clerk to the board of guardians, of the London Union, and had been so for nearly twenty years; this cheque is countersigned by me—it was my practice to countersign cheques which were signed at the board by the members who were present—it was the prisoner's duty to have paid this cheque over to the party for whom it was intended, Messrs. Kingsford—the prisoner left the office, I think, on 17th Dec.—before that, on 27th Nov., I had a conversation with him in consequence of an application for payment by Messrs. Kingsford—I thought I recollected that a cheque had been signed during my absence from London; I found that that had been the case, and that it was signed on 2nd Sept; and I asked the prisoner for the receipt for the money from Kingsford's—finding that he hesitated, I told him that the cheque had been cashed on the 13th—I then left the office for a moment, to see by the bankers' book, whether the 13th was the right date; I returned again almost immediately; the prisoner then said that it was useless deceiving me, he had used the money; he implored me to save him from the ruin of disclosure; and having a great regard and esteem for him, and knowing the estimation and regard in which he had been generally held, I was induced to forbear the disclosure at that time—nothing more passed between us that I recollect, except that he said he should take care to repay the money—I afterwards paid the money out of my own moneys; that was on 6th Dec.—we also Lid some conversation as to another cheque, which, I believe, is not before you to-day, which he had misappropriated; and he told me that that was the whole of his irregularity—I paid the money into Messrs. Kingsfords' bankers—the prisoner left the office on 17th Dec.—I think a search was

being made in the office that day by some of the guardians—the prisoner left, I think, about 4 o'clock in the afternoon—I never saw him again until he was in custody, which was, I think, on 31st Dec.

Cross-examined. Q. Your duties, I believe, were defined by a paper published some four or five years ago? A. Yes, they were stated on that paper; it was my duty to do a great many things, and amongst others, to instruct the various officers in their duties—I had very hard work myself—I did a good deal in the instructing line—I do not say I was constantly at it—if any of the officers felt any difficulty, they applied to me, and I instructed them—if they did not feel any difficulty I gave no instruction—I did not proffer it, but only gave it when asked for—I had frequent applications—I frequently instructed Mr. Paul—I did not know of his paying the accounts of the Union by cheques on his own bankers; I never heard of it—it was among my duties to examine all papers, and all Acts of Parliament relating to the poor laws.

Q. This is the part that I wanted to call your attention to (referring to a printed paper)—you were "to keep punctually minutes of the proceedings of the meetings, and to keep check, and examine all account books and documents?" A. I wish you to understand that that is the whole detail of the duties of the office of clerk; if you will look below that, you will find that to enable the clerk to perform those duties, there are certain officers appointed—all the duties are under the head of myself—I do not consider that it was personally my duty to keep check and examine all accounts; that was the duty of the prisoner—he was an acknowledged and confidential clerk; if you look below that paper, you will find that it was so—I do not say that it was his duty to check his own accounts—it was not my general duty to keep, check, and examine all account—the responsibility attached to my office was very great, and produced a constant wear and tear of mind and body—I say I had not personally to keep, check, and examine all accounts—the auditor would check the accounts—it was the duty of the auditor to see that each officer, at the end of every half year, produced his accounts to be examined—I do not see how the auditor should know the arrangements of the office, or the mode in which cheques should be given; he could easily check it, because he had the power of calling any officer before him.

Q. But how should he judge by calling an officer before him? suppose, for instance, that Mr. Paul had been drawing cheques on his private bankers to pay the accounts of the Union, would that be a matter that the auditor could check? A. He could check it by the dates of the receipts—he could see that the vouchers and other matters agreed—he would perhaps be 'able to tell whether that was proper, as much as I could—the auditor is a person called in every half year.

Q. Did not the prisoner, in this very conversation, tell you that he had overpaid Lee's account to the amount of 250l., and if you could get that back from Lee it would help to pay the defalcation? A. He told me so afterwards, not during that conversation—it was some days afterwards—I found that was true, that he had paid Lee 250l. which did not appear to have been drawn by the board—it appeared to me that he had paid Lee 250l.; out of his own funds—I do not think he told me when he had paid it—it was recently—I understand it was after 13th Sept—I think I asked him how he could satisfy me that that was the case, and I afterwards saw a statement from Messrs. Lee, written by them, in which it appeared that that was the case.

MR. BODKIN. Q. What did you find to be the state of the account with Lee; is there money due to them now? A. We found afterwards that there was money due to Lee upon former accounts—I found on investigating the account that money was due to Lee for which the guardians had drawn cheques—I do not know exactly to what amount—it appeared that he paid money to Lee's account as he pleased, disregarding the amounts of the cheques which the guardians had drawn—taking the whole of Lee's account together, the sums which the prisoner has paid to them do not amount to the sum for which cheques were drawn by the board of guardians—there is still a balance, allowing for the 250l.—this paper is a report of the duties of officers, drawn up by the direction of the board of guardians, for their information—it defines the duties of the prisoner—my duty was the general superintendence—(Reads: "To enable the clerk to perform the above duties, and the actual manual labour attendant upon his office, he requires the assistance, of the assistant clerk, Mr. Paul, and of three other permanent and efficient clerks, whose several duties are detailed as follows: 'Assistant clerk, Mr. John Paul Duties required: to attend to the general management and arrangement of the offices, and to take the superintendence and control, under Mr. Rowsell, of the several clerks and officers; to prescribe their daily duties, and to see the same punctually and correctly performed; to manage the out relief and general expenditure; to see that the several sums paid to the treasurer are duly credited to the accounts of the respective parishes; to watch the accounts of the several parishes; to see that notices are given for the payment of calls in arrear, and to report to the clerk from time to time when the state of the accounts with any parish requires his especial attention; to take the management of the accounts of the non-settled and non-resident relief; to take the management and regulation of the emigration and shipping cases; to attend guardians, parish officers, and others, and to answer and explain all matters relating to the accounts; to keep and arrange all accounts and vouchers, and to produce the same to the auditor at the half yearly audit; to attend the meetings of the board, with the clerk, for the purpose of giving his assistance, and producing papers when required, and also for the purpose of making himself acquainted with the business in progress, and the mode of conducting the same, so that he may be the better able to act for the clerk in case of his illness or temporary absence; and generally to assist in performing any of the duties required for carrying on the business of the Union.'"

MR. SERJEANT BALLANTINE. Q. Did you not obtain from the board a cheque for 250l. on account of Messrs. Lee, and apply it to partly pay the deficiency arising from these defalcations? A. Yes, believing Mr. Paul's statement to me to be correct, I did take that cheque, and that cheque was cashed, I think on 13th Dec, on my account, which cheque was the cheque that the prisoner requested me to take as belonging to him, he having previously paid the money, but when I found that he had misrepresented the state of Messrs. Lee's account, I immediately repaid the 250l. to the treasurer of the Union.

ALFRED KINGSFORD . I am clerk and cashier to Thomas and Charles Kingford. They supplied the City of London Union with flour—on 6th Dec. the sum of 378l. 15s. 6d. was paid into the London and Westminster Bank to our credit, from the Union.

GUILTY . Aged 60.— Transported for Fourteen Years.

(There were several oilier indictments against the prisoner.)

Before Mr. Justice Wightman and the Fifth Jury.

Reference Number: t18570202-305

305. JOSEPH BURROWS was indicted for feloniously 'killing and slaying William Marcooley; he was also charged on the Coroner's Inquisition with the like offence.

MR. METCALFE. conducted the Prosecution.

THOMAS CAHILL . I am a surgeon, living at No. 12, Michael-place, Brompton. I knew the deceased, Mr. William Marcooley—I saw him a few days before his death—I was attending a child of his—I was not attending him particularly—he complained of a pain in his chest and stomach, and I advised him to have a dose of castor oil next day or the day after, if he did not feel better, and to have a mustard poultice—he was about thirty-five years old, I should say—he was living at No. 6, Brunswick-place, Brompton—I did not see him any more until 27th Dec, when I was called in about 10 or a quarter to 10 o'clock in the morning—I then found him on the ground, convulsed, and apparently dying, senseless, unconscious, and gasping—I applied ammonia, and the usual remedies, and the stomach pump with-out effect—the stomach pump would not act—I remained with him until he died—it was not until after his death that I found out the cause of it—I then perceived a bottle containing some prussic acid, and a small portion of castor oil; less than a teaspoonful altogether; the rest had been swallowed—I took it from a table into the room—I put it in my pocket, and afterwards examined it—I detected it first by smelling it—there was no difficulty in detecting what it was—I opened the bottle directly after his death—I analysed the contents, and afterwards Mr. Rodgers did so—upon the analysis I detected the presence of prussic acid—two drops gave a sufficient test of the presence of prussic acid—I could detect it perfectly—I afterwards made a post mortem examination—in my opinion the prussic acid was the cause of death—that is my positive opinion—there can be no doubt of it—I did not find much prussic acid in the inside—it is very volatile.

ELLEN MARCOOLEY . I am the widow of William Marcooley, of No. 6, Brunswick-place, Brompton. On 27th Dec. he was unwell, and I sent for some castor oil-—I directed the servant Jane Beer to send for 3d. worth, without giving her any direction as to the shop that she was to go to—it was brought back to me about 9 o'clock, in a small phial—I poured it into a tumbler, and my husband took it off the table—there was a little brandy in the tumbler, which he had put in himself—before the brandy was put in the tumbler had been washed out, and was perfectly clean—as soon as he had taken it he observed that it tasted very bitter, and I walked to the door and called another servant, Sophia Fowles, to inquire if the bottle was clean, and before she bad, time to come up, he fell on the floor, and he never spoke afterwards—Dr. Cahill was sent for, and Dr. Christian subsequently, and a surgeon—my husband died about half an hour after he had taken the castor oil—I had not seen the phial which contained the castor oil that morning, but I had seen it before, it was kept in the larder—it had previously contained a draught which had come from Dr. Cahill—I had no prussic acid in the house, or anything of that nature—I saw Dr. Cahill take the bottle from the table, which contained a remnant of castor oil—that was the same bottle from which my husband had taken the castor oil.

JANE BEER . I am servant to Mrs. Marcooley. On the morning of my master's death, I received orders from my mistress to get some castor oil—I took a bottle for that purpose—I took it from the larder—I washed it out twice with two different waters—it was perfectly clean, I could see through it—this is the bottle (produced)—I gave the bottle to the boy, Thomas Fanson,

and sent him for the oil—I am quite sure that it was perfectly clean when I gave it to him—he brought it back—he held it up to me against the window, and said how sparkling it looked—I saw it, and then it was taken up stairs—I should think it was about five minutes after it came in that I was called up by my mistress.

THOMAS FANSON . I was errand boy to Mr. Marcooley. I remember receiving this bottle from Jane Beer, on the morning that my master died—I took it to Mr. Budd's, the chemist, in Brompton-road, Brompton—his label is on the bottle—I there saw his assistant, the prisoner—I asked him for an ounce of castor oil—I gave him the bottle to put it in—he took it where they mix up prescriptions—I do not know what he did with it then—he took two bottles off the shelf—I did not see him pour anything out of them—they were both about the same size—the colours of the bottles were one white and the other red—he took the red one from opposite the door, off a shelf; the white one was taken from the left hand side as you go in, not off the same shelf—there was one other person waiting to be served, a little boy—there was no one else serving except the prisoner—I got served and left the shop before the other boy—when I received the bottle back again, it was about half full—I took it back and took it into the kitchen—I saw the prisoner go to a small cupboard on the left hand side as you go into the shop—I did not see whether he took anything from the cupboard or not—he opened the door and put a book in—that was all I saw him do.

JULIAN EDWARD DISBROWE RODGERS . I am a member of the Royal College of Surgeons, and lecturer on chemistry. I received the bottle with some small portion of castor oil—I analysed the contents, and found prussic acid in it—if that bottle had been half full, judging from the proportions I found, there would have been about eighty minims, nearly a drachm and a half—that would be a great deal more than sufficient to cause death—twenty minims is considered to be a fatal dose—I analysed the contents of the stomach, and detected prussic acid there, but not sufficient to account for death—it was tested on the 4th, death having occurred on the 27th—it is a very volatile spirit, it requires great care to preserve it from evaporation—I received another bottle, which I have here; it contains a lotion—I analysed the remains of it; I detected merely a trace of prussic acid in it—the analysis for prussic acid is extremely accurate—I should not have the slightest difficulty in detecting a very small portion, I could detect the thousandth part of a grain—I detected merely a trace; nothing that you could weigh or measure—the quantity I found in the castor oil bottle corresponded with one minim of Scheele's acid—I was speaking of Scheele's strength when I spoke of twenty minims causing death—a minim is considered to be the bulk of one grain of water—supposing two drachms to have been put into the other bottle, there must necessarily have been more prussic acid than I detected—hydrocyanic acid is used by druggists in two strengths, one according to the Pharmacopoeia, and one an old acid, known as Scheele's strength—hydrocyanic acid is synonymous with prussic acid—that is the general term.

COURT. Q. Supposing it was in a physician's prescription simply "hydrocyanic acid/' which would be used? A. That of the London Pharmacopoeia—that contains three per cent, of real acid; Scheele's is five per cent.—when Scheele's is ordered it is always specified—from my experience I should judge that in the castor oil bottle to be Scheele's.

HENRY BUDD . I am a chemist and druggist, of No. 55, Brompton-road. The prisoner was my assistant, and had been so for six months—he was a

chemist's assistant before that, I believe, for three years—it was his duty to dispense medicines, and occasionally to serve retail customers, under my superintendence—he was so employed on 27th Dec.—the whole of the poisons are kept in a small cupboard on the left hand side of the shop near the door, and are all labelled "Poison"—the hydrocyanic acid was in that cupboard that morning—I cannot tell what the red bottle would be which the boy has spoken of as being taken from a shelf opposite the door—I did not see it, not being in the shop at the time—the prescription contained wine of opium—I should judge that that bottle contained wine of opium, but I cannot say positively—that is of a red colour—that bottle is kept on a shelf opposite the door—the castor oil is kept on a shelf to the left of the door, where all the oils are kept—that is a sort of yellow white, nearly white—the wine of opium bottle is a small eight ounce bottle; the castor oil bottle is a quart bottle, with a tin cap to it—in making up the prescription he would also use elder flower water, which is a three pint bottle; that is at the left hand side of the door—a cash book, day book, and prescription book were always kept in the shop.

COURT. Q. What bottle would be opposite the door? A. A red bottle, containing wine of opium, as well as the castor oil—that on the shelf, on the left hand side of the door, I judge was the elder flower water.

MR. METCALFE. Q. What was there in a small bottle that was used in either of these prescriptions? A. I know of nothing but those that were on the shelves, the wine of opium, the castor oil, and the elder flower water—those were all that were on the two shelves, the one opposite the door, and the one on the left hand side—the two bottles facing the door were the wine of opium and the castor oil—the elder flower water was on the shelf on the left hand side of the door, and nothing else, except the other bottles in the shop—all the bottles on the left hand shelf are three pint bottles—there are some three pint and some quart bottles—none are of a smaller size; none were that morning—it was the prisoner's duty, if dispensing from a prescription, to enter it in the prescription book, and, if retail, to enter it in the cash book—I have the cash book here—here is an entry on 27th Dec. in the prisoner's writing; the first entry is, "Sulphate of magnesia (or Epsom salts), 1d.;" the next is, "Castor oil, 3d.;" and the third is, "Prescription, 1s. 6d. "—that is the whole entry by the prisoner that morning—this is the prescription book—I find here an entry of a prescription, letter "E, 11, 315;" that is not in the prisoner's writing; it is entered on 19th Jan., 1856—when a prescription is first brought to me, I enter it in the prescription book, with a number attached to it; and if a repetition of the prescription is required, I refer to it—the number on this bottle, "E 11, 315," refers to that prescription—the label on this lotion bottle is in my handwriting; there is no date to it; I cannot say when it was written—we generally take the labels off when they become dirty, and put on fresh ones—I cannot say at what time this prescription was dispensed—I was in the shop at 9 o'clock in the morning in question; it had been dispensed before that, and the castor oil also—this prescription is, "Take of Scheele's hydrocyanic acid one drachm; take of wine of opium 4 drachms; take of elder flower water 7 1/2; oz; mix, and make a lotion;" but I see that there has been an additional half drachm of hydrocyanic acid subsequently added to that drachm—it would have been the prisoner's duty to mix those proportions and put them in a bottle of this description—shortly after I came into the shop, I saw Mr. Marcooley's girl; in consequence of what she said, I saw the prisoner, and asked him what he had served Mrs. Marcooley's boy with—he said, "With an ounce of castor

oil"—I was not informed at that time that it had had a very strange effect on Mr. Marcooley; I was shortly afterwards; Dr. Christian came at about half past 9 o'clock, or 20 minutes to 10—in consequence of what he said to me, I called the prisoner down stairs—Dr. Christian said to him, "What did you serve Mr. Marcooley's boy with?"—he said, "An ounce of castor oil"—on the Monday morning the prisoner said to me, "Shall I send for the lotion?"—I said, "What lotion?"—he said, "M'Carthy's"—I said, "Certainly not"—I am not aware that anything had been said to him about the lotion at that time—he did not say anything about what the lotion con-tained—I knew what lotion it was—he did not say why he wished to send for it, or what he was doing when he was serving the castor oil—I said, "Certainly not," because I thought if I had sent for it some unpleasant con-struction might have been put upon it—when he mentioned "McCarthy's lotion," I supposed it to be the lotion that I have here, with the drachm and a half of hydrocyanic acid—what I said was, "Certainly not; let it remain"—the label on this small bottle is my writing.

MR. SERJEANT BALLANTIUE. (with MR. SLEIGH.) appeared for the Defence, but did not cross-examine any of the witnesses.

(The prisoner received an excellent character for care, attention, and general good conduct.)

(MR. JUSTICE WIGHTMAN., in leaving the case to the Jury, stated that it would be their duty to find him guilty, if in their opinion the death was caused by culpable or gross negligence on his part; the nearest approximation to what might be termed "gross negligence" being a want of such ordinary care as a person dealing with matters which he knew to be dangerous, ought to exercise.)

The JURY. found the prisoner NOT GUILTY .; but expressed their strong reprobation of the careless mode in which poisons were generally dispensed.

Reference Number: t18570202-306

306. JOHN LLOYD , feloniously stabbing, cutting, and wounding Maria Kimloch in * * *, with intent to do grievous bodily harm.

MR. SHARPE. conducted the Prosecution, and MR. HORRY. the Defence.

(The particulars of. this case were unfit for publication.)

GUILTY. of unlawfully Wounding. Aged 25.— Confined Twelve Months.

Reference Number: t18570202-307

307. MARY LEE and MARGARET PHILLIPS , robbery on Angelina Thomas, and stealing 1 cloak and 1 victorine, her property.

MR. METCALFE. conducted the Prosecution.

ANGELINA THOMAS . At the time in question I was residing at No. 128, High-street, Whitechapel. On the night of 20th Jan., I had been to the Haymarket theatre—I was returning from there, and about 1 o'clock got into Somerset-street, Whitechapel—on my way, I had been into the Turk's Head public house, to have a glass of ale, and there I met the prisoners; that was the first I saw of them—the prisoners followed me out, and walked with me—there was another woman with them, I cannot say whether there were more—I had not spoken to them in the public house—I cannot say how far I had got before anything happened, I suppose it was about five or six minutes after leaving the public house—one of them then snatched off my victorine, and the other my cloak, and passed it to another woman, and I was struck and knocked down by one of them—I called out, and a young woman came up, and then a policeman—the prisoners ran away, they were brought back by the policeman in five minutes or more, and I identified them—I have no doubt they are two of the women.

Cross-examined by MR. PAYNE. Q. How do you get your living? A. I

was on a visit in London; I do not work here—I had been in London six weeks—I went to the Haymarket theatre alone; it was about 12 o'clock when I came out—the Turk's Head is some distance from the Haymarket; I went alone from the Haymarket to the Turk's Head, it was getting on for 1 o'clock when I got there—I am twenty-one years of age; I went into the public house by myself—I had a glass of ale—I had had something to drink before that, in the Haymarket, at a house close to the theatre; I went in there with a young man—I did not know him, I had a glass of gin there—I do not know what became of the young man after that, he left me to go home alone—I do not know how I came to go into a public house with a strange young man, I saw him in the theatre, I was in the pit—I did not go into any other house till I got to the Turk's Head—I was walking along the pavement when the prisoners interfered with me—the gin had taken a little effect upon me, but I knew what I was doing, or else I could not identify the prisoners—they followed me, came up to me, and took hold of me, and were walking by the side of me—they were laughing and talking, I do not know whether they talked to me, I did not pay any particular attention to them; they were the worse for liquor—I knew what I was about after they knocked me down; if I was stupid before, that made me sensible—I did not say anything when they took off my things, they only snatched them off—there are houses there on each side of the way, and gas lamps, but it is rather a lonely place late in the evening; and they did it when they saw that there was no one by—I called out for help—Lee took the victorine, and Phillips the cloak, and it was passed to the other woman; she was shorter than the prisoners—the witness came up in a minute or two after I called out, and the prisoners ran away—I was standing up when the things were taken from me, not lying on my back—I did fall on my back, and that enabled me to look up and see them well—they did not knock me down till after the things were taken—I then saw their faces, they were quite close to me—I had never been to the theatre before that night, I come from Colchester—I had never seen the women before—they were at the side of me—the first thing that happened was a blow from behind, in the middle of my back; I then fell on my back, and then they pulled off my cloak and victorine—I was knocked down first, I had forgotten the evidence I gave last time.

MR. METCALFE. Q. Then the blow came first, and then the things were taken away? A. Yes—the prisoners are the persons that took them.

ANN CAMPBELL . I am single; lama servant out of place. On the morning of 21st Jan., about 1 o'clock, I was coming down Somerset-street, and saw four women making a noise; I stopped and looked on—the two prisoners and another had got hold of the prosecutrix by the arms, they stopped her, and Lee pulled off the victorine, and Phillips the cape—the prosecutrix insisted upon their not taking the things off, and they gave her a blow, and knocked her down, and crossed over to the other side of the road—I went and picked up the prosecutrix, she was not able to get up—while I went to look for an officer the prisoners ran away—I had never seen them before—I saw them brought back by the officer—they are the two women.

Cross-examined. Q. Were they all the worse for drink? A. The prosecutrix was the worst; the others appeared to have been drinking, I had not, I had been to my aunt's, and was coming from there—they were all close together when I saw them—the things were taken first, and then they knocked her down—they were making a great noise, that made me stop and look on; I was on the opposite side, it is rather a wide street—I had a very

short opportunity of seeing them; as soon as they had taken the things they were off as fast as they could.

MR. METCALFE. Q. How long was it before they were brought back by the officer? A. Very nearly a quarter of an hour—I am quite certain the prisoners are the persons.

JOHN BLAKE . (policeman, H 83). About 1 o'clock, on 21st Jan., I was on duty near Somerset-street—I heard an outcry, and Campbell came to me and told me a female had been robbed—I had seen three or four females pass me a minute or two before, they were going quickly in a direction from Somerset-street, down Alie-street—when Campbell told me of the robbery I followed them with another officer; I took the prisoners and brought them back to the prosecutrix, who identified them—Lee asked me if I saw another woman with them—I said, "Yes"—she said, "Well, that is the woman that got the things. What two poor unfortunate girls! She makes poor girls rob for her."

JAMES EDWARDS . (policeman, A 432). I was on duty in Alie-street—I saw some women come from Somerset-street—shortly afterwards I saw Blake, and went with him and took the prisoners into custody, the other two made their escape—I went back to the prosecutrix, she had on a black gown and a bonnet, nothing more.

Cross-examined. Q. The prisoners were not sober, were they? A. I believe they had been drinking.

LEE— GUILTY . Aged 37.

PHILLIPS— GUILTY . Aged 27.

Confined Nine Months.

NEW COURT.—Thursday, February 5th, 1857.

PRESENT—Sir WILLIAM MAGNAY., Bart., Ald.; Mr. REOORDEB.; and Sir ROBERT WALTER CARDEN., Knt., Ald.

Before Mr. Recorder and the Sixth Jury.

Reference Number: t18570202-308

308. SAMUEL TAYLOR was indicted for embezzlement.

MR. SERJEANT SHEE. and MR. GIFFARD. conducted the Prosecution.

CHARLES PEIRCE . I am out door inspector to the persons carrying on business as the General Omnibus Company. Mr. Arthur M'Namara is one, and he has partners—the prisoner was one of the conductors of an omnibus from Chelsea to London—his wages were 4s. 6d. a journey, 31s. 6d. a week—his duty was, at the end of each journey, to make out his ticket, which was on a printed form—this is one of the forms—he was to enter the number of passengers at 6d., at 4d., and at 3d.—this is called a journey ticket, or way bill—having made out the list, he was to deposit it in a box kept at the Star and Garter, Sloane-square, on the following morning, and, having subtracted the amount of wages due to the coachman and himself, he left the remainder and the bill with an officer appointed to receive the money.

Cross-examined by MR. METCALFE. Q. What would be a journey from Hoxton to Chelsea, and Chelsea to Hoxton? A. He would make one half out at the end of each journey—this ticket is made out as a double journey up and down, and the total is made on the whole ticket—he makes on a single ticket the double journey—it ought to be made out at the end of each journey—it may be done at the end of the double journey—I am not

aware that he carries any book with him—nothing but the ticket—he would have to depend on his memory as to the number of passengers, unless he chose to provide himself with a book—from Chelsea to Charing-cross is a 4d. fare, and from Charing-cross to Hoxton is a 4d. fare—from Hyde Park to the Bank is a 4d. fare—from the Post Office to Hoxton is a 3d. fare—that is the limit—there are four charges of fares, and the conductor is bound to recollect where each person gets up, that he may charge them accordingly—it is quite an easy matter—I have not been a conductor—I am an out door inspector, I take notice of any irregularity that I might see, and forward all complaints that are brought against drivers and conductors—I have not been employed to travel for the purpose of checking conductors—I have not been in the habit of travelling in the omnibus as a check on the conductor—I have occasionally done it for pastime—I cannot tell the number of the proprietors of this company—I know the names of three, whose names are attached to the vehicles—there are a number, I believe—I do not know whether they are all entitled to passes—some of them are in the habit of having passed—there are about nine gentlemen who give passes—workmen are entitled to passes—there were some buildings being erected at Chelsea at that time—there are some ivory passes, and I have heard that there are passes which will enable a person to travel one journey.

MR. GIFFARD. Q. Suppose a person gets in with a pass, what is done? A. The conductor should enter the name and number of the pass for that journey in the way bill—this (looking at it) is one of the prisoner's bills—here is the name of Daniels on it, which signifies that that person has ridden by the prisoner's omnibus—it is the prisoner's writing—his name has been entered, and the number of his pass is 50—if a person uses a single past, it is the prisoner's duty to enter that on his ticket, to place the ticket in his bag, and deliver it at the end of his day's work, or when he delivered his money—in the event of a passenger using a return pass, the conductor who would have taken the first part of his journey would enter the name, and return the ticket, and at the end of the second journey, when the man had completed his journey, the pass would be given in to the last conductor.

COURT. Q. Do you have a bone pass? A. Yes—I do not exhibit it—they know my name, and I tell them the number of the ticket.

WILLIAM ROLFE . I am occasionally in the employ of the General Omnibus Company, to check the conductors, to see what passengers they have. I have been so employed, off and on, for three years—on 28th Nov. I travelled in the Chelsea and Hoxton omnibus from the Bank to Chelsea—I got in at the Bank about 8 o'clock—the prisoner was the conductor—I took my seat about one from the door, but on the first opportunity I shifted to the door on the right hand side going in—I cannot say how many were in when I got in—I think it was full—I was aware for what distance 6d. was charged, for what distance 4d., and for what distance 3d.—I rode as far as Sloane-street—I observed how many persons rode the different distances—I took a note of it not two minutes after I left the omni-bus—(reading) on the inside there were seven 6d.; fares, eleven 4d., and one 3d., and outside there were two 6d.; seven 4d., and two 3d.;—on 9th Dec. I went again from the Bank to Chelsea—I took my seat as nearly as possible where I did before—I took a note of the passengers immediately after-wards—there were seven 6d.; and nine 4d. inside, and one 6d. and five 4d. outside—in the course of those journeys there was no dispute between the conductor and the passengers—I saw something pass from every one—I

noticed the time the outside passengers got up, and the time they got down.

Cross-examined. Q. You rode to Sloane-street? A. Yes, about the middle; to Cadogan-place—I do not know how many I left in when I got out, I had nothing to do with that—I got in at the Bank—I have no note of how many got in between the Bank and Charing Cross—I cannot tell how many got in between the Bank and Hyde Park corner—I cannot tell how many were in when I got in—there were three on the top—two got off at the Bank, and left one on the left hand side of the omnibus—I sat inside, close to the door, on the right hand side—I entered at 8 o'clock—it would be about half past 8 o'clock when I got to Sloane-street, rather later—I cannot tell the place where any one got in, or any one got out—I made no note till I got out—on the first journey I made altogether thirty persons, nineteen inside and eleven outside—twelve is the number which makes the omnibus full inside, and nine outside—on 9th Dec. I made sixteen passengers inside, and six outside—I cannot tell how many were in on that day when I got in, or when I got out, or how many got in at Charing Cross—I do not believe there were any passes given on that day; I did not see any—I did not get out of the omnibus all the way—I could see through the window, and on the right and left, who got up—this is my book—these are all journeys that are entered here—it is exactly as I entered it at the time—I put my pencil into my mouth, which makes the entries blacker in some places than others—none have been pencilled over since: they have never been touched—here is 28th Nov. and then 9th Oct.—that is a mistake—I put Oct. for Dec.—I can swear to the day I did it—there are in this book ten journeys, all done with a view of checking the conductor—I entered all these correctly—I always enter one journey before I do another—here is Clapton to the City—I entered it 7 o'clock, and scratched it out, and entered 5 o'clock—I put the wrong time down—if I had sent that report in at 7 o'clock, it would not have corresponded with the conductor's account—it would not have got him into trouble, it would have been sent back to me—it would not correspond with the conductor's time—here are three at 3d., and the 3d. is altered to 4d.—there are no 3d. fares on that road—I am familiar with those omnibuses—I altered this 7 o'clock to 5 o'clock, and the 3d. to 4d. soon afterwards—I altered the time and the fare—I generally carry a watch with me; if not, there is always plenty of time to see—I have frequently, in the course of these journeys, found that when I made these entries, I have made mistakes—I alter them directly if I make a mistake—this mistake was the time, but I am positive as to the number of passengers—I do not do this for a living, only when I have nothing else to do—I do not ride ten or twelve journeys every day—here is the eighth, the ninth, the tenth, the eleventh, the twelfth, the fourteenth, the fifteenth, the sixteenth, and the seventeenth, and then I had business of my own to attend to—it is not a business that I like better than this—it is an honest business.

MR. SERJEANT SHEE. Q. You have been asked how many persons were in when you got out, did you get out at the end of the journey? A. No—when I got out, I had the means of knowing how many 6d., 4d., and 3d. passengers had been in—I could have told at the end of the journey how many 6d., 4d., and 3d. persons got in—if I had been asked at the time I made the note where the 6d., 4d., and 3d. passengers got in, I could have told how many got out at Charing Cross, and how many continued in to make the 6d. journey—I have been employed in this way a considerable

time—I have never, by arrangement with the conductor, tested the accuracy of my observations—I have sent my reports in—if they have been wrong, they have been sent back—if not, they have been retained I go home at night, and send my accounts in to Mr. Saunders, and he sends them to the Company's office—if they are right, I hear no more of them, if wrong, they are brought back to me to ask the particulars whether I am right on such a point.

JURY. Q. When you are seated inside, could you see two outside passengers get off? A. Yes, every man must get down deliberately—if I am not positive, I say seven or eight—eight I am not positive of, but seven I am.

JOHN FORD . I have been employed occasionally by the Omnibus Company to check the conductor's returns I know the distances where the fares change perfectly well—on 9th Dec. I went by the omnibus of which the prisoner is conductor—I got in at the corner of Sloane-street, at 1 o'clock—I went to Chiswell-street, Finsbury-square—I observed what passengers got in and out—there was no dispute with the conductor and passengers about the amount of the fare—all the passengers that got out I saw pass money to the conductor—nine of the inside passengers ought to have paid 6d., six 4d., and one 3d., and on the outside two ought to have paid 6d., one 4d., and one 3d.

Cross-examined. Q. You made no note till you got out? A. Not till I got out of the omnibus, I trusted to memory—I rode to Chiswell-street—there were eleven inside when I got in, I was the last—I filled the omnibus—I think when I got out at Chiswell-street, there were three left in, but I will not be sure—those I left in were the long fare, the 6d. fare—the 3d. fare is from the Bank—there was one got in at the Bank, his could not have been a very long fare—there was one got in between Charing Cross and the Bank—there must have been one got out—this is my book—I have travelled often—I am in the cigar trade—I sell cigars—I call myself a cigar importer—I have a warehouse at No. 17, Harp-lane, Tower-street—I live at Islington—my warehouse is one room on the first floor—it is not a dwelling house, they are all warehouses—I have one room, and there is a housekeeper lives in the house—I believe all the others are merely warehouses—I have "Cigar Importer" over the door—I fancy that was not put up since I went to the police court—I do not think that the words, "Tea dealer," were taken down, and the words "Cigar Importer" put up since I went to the police court; I cannot say—they were put up recently—the words, "Tea dealer" were there before—I was a tea dealer—I never imported any cigars—I have merely bought tea to sell again—I sold some tea yesterday—I have bought it at one or two places—I bought some of I. and F. Ashby, in Tower-street—I have bought a chest and a half at a time.

Q. But what did you have "Tea dealer" taken down for, if you still deal in tea? A. There is "Tea dealer" on one side, and "Cigar Importer" on the other—it is so at this time—the words, "Tea dealer," were only taken., down from one side—I put up "Cigar Importer," though I never imported any—that is not uncommon—it is merely to get custom—I will not swear that that was not put up since I was at the police court—I have been an inspector some little time, I believe it was last year—since then I have been some number of journeys; I make my entries in this way—this entry is exactly as I made it at the time—I pencilled over these the day before I went to the police court—I did that because this "2" was getting rather dull—I fancy this "6" has not been touched up—I will not swear to that, only the "2"—they are exactly the same figures that I entered—there

are one or two pencil entries which have been inked over—this "5 minutes past 7 o'clock" has been inked over "5 minutes past 5 o'clock"—I made a mistake—I found it out when I went to enter it in my report book—that is the only one—some of these have been marked over—I frequently do that when I make out my report to send in to the Company—I cannot tell whether there is a page gone.

Q. Do you recollect an entry where you had made a "1" into a "2," being pointed out to you at the police court, and was it not on that page which is now out? A. No, I believe not—this has been done some time—here is that entry, the "1" into a "2"—I cannot tell why this leaf was torn away; there were no erasures on that—it might have been some other memorandums—it was not done at the time I appeared at the police court—it was some time before that—it was done between the time of the two last entries—here is an alteration in the date of 21st Oct.; and here is "3" altered into a "2," and a "2" into a "1"—those are the passengers—I sent the report in according to this—I cannot now say when these alterations were made, I suppose immediately after they were written—I had some doubt, and then I wrote the smaller number—I was serving some time ago at the Mitre, at Islington—I have carried beer to some persons, and served at the bar—I was merely there as waiter.

WILLIAM BATSON . I am a clerk in the employ of the General Omnibus Company, at the office in King s-road, Chelsea. I know the prisoner; it was his duty to put the way ticket for each day in a box, and enter on the tickets the number of passengers he carried—the box was kept at the Star and Garter, Sloane-square, I kept the key of it—it was my duty to get the tickets out of the box the next morning—this ticket of 28th Nov. (looking at it) was produced to me at the police court—the prisoner's writing is on it—I took it out of the box the next morning; this from Chelsea to Hoxton, and from Hoxton back—I cannot tell exactly the time of day this ticket shows—here is No. 5, in the corner, that indicates the fifth journey—I really cannot tell you the time that would be—I do not keep the time list.

CHARLES PEIRCE . re-examined. I cannot tell the exact time of the fifth journey, I should say between 8 and 9 o'clock—Mr. Baker, the inspector, is in Court, he will be able to answer that question—the omnibus would leave at about twelve minutes intervals—there are fifteen or sixteen omni-buses—this is Taylor's omnibus, No. 6, 722.

COURT. Q. But there is no number on this ticket at all? A. Here are some marks, but T cannot say what—I know the handwriting of the prisoner, this name is his writing—the number certainly is not very plain, but I can see 6, 722.

MR. METCALFE. Q. When did you see the prisoner write? A. I saw him write his name at the police court—that was the only time I have seen him write, but I have seen his writing before—there are not several Taylors employed as conductors on that line.

WILLIAM BATSON . re-examined. I never saw the prisoner write, I have seen his tickets, not what he has delivered to me, but what I have found in the box, purporting to be of journeys performed by his omnibus.

NOT GUILTY .

Reference Number: t18570202-309

309. GEORGE WATSON , feloniously uttering a forged 5l. Bank of England note, with intent to defraud.

MESSRS. GIFFARD. and BAYLEY. conducted the Prosecution.

JAMES MCGRATH . I am a watchmaker, and live in Little Queen-street,

Holborn. On Saturday, 17th Jan., the prisoner came between 7 and 8 o'clock—he purchased a gold watch for 4l.—he paid me a 5l.; note—I asked him to put his name and address, and gave him the pen and ink—he said, "The name will do, I suppose?"—I said, "No; put the address," and he wrote, "George Watson, No. 16, Chester-street, Belgrave-square"—this is the note—I noticed this indorsement on it at the same time, "S. Cowley and Co.," I think it is, "Cornhill"—I gave the prisoner the watch and a sovereign—I saw the prisoner again at the court at Bow-street, with seven or eight others—I knew him again and picked him out from amongst them.

Cross-examined by MR. METCALFE. Q. You picked out the tallest man you saw? A. No; I believe there were others an tall—I do not know whether there were others as thin—I believe there were all sizes—I noticed him—I picked him out by his face—he had a hat on then, and when he came to my shop—this was nine days after I had received the note—it was on the Monday when he had his last hearing—I knew that he was charged with uttering another note—I saw it in the paper—I applied to Mr. McKenzie—I told him I should like to see the man who was charged with uttering the note—he said, "Just go into the Court, and see if you see anybody there"—I went in, and the prisoner was there amongst seven or eight persons—he was not in the dock, he was in the room adjoining the Court—I noticed this indorsement on this note—I could not make out the name, nor can I now—I am rather a bad hand at writing—I have no doubt at all that the prisoner is the man.

RALPH PAIN . I am assistant to a pawnbroker, No. 318, Strand. On Saturday, 17th Jan., about 9 o'clock in the evening, the prisoner came into one of the boxes of our shop—he gave a ticket to redeem an article pawned for 10s.—I asked him for 10s. 10d.—he said he had not sufficient change, and he took out of his pocket what appeared to be a 5l. note—I told him I was afraid I should not be able to change it for him—he said it was all right, he had taken it from Cubitt's, and it had their name on the back—this is the note—I looked and saw the name of Cubitt on it—I went to the front of the shop, and gave it to Mr. Freeman—he went out, and I went back to the prisoner, and asked him his name and address—he said, "James Parker, No. 10, Duke-street, Oxford-street"—I wrote it on this piece of paper which I have here—I stood in front of the prisoner till the policeman came.

Cross-examined. Q. This name of "Cubitt" was on it at the time? A. Yes, it was—I cannot tell whether this other name, "Skinner, Bow-street," was on it—I think it has been put on since—the policeman took the note—I do not recollect this name being on it—I do not recollect seeing the prisoner before.

SAMUEL HENRY FREEMAN . I am assistant to Mr. Kirkland, the pawnbroker. On 17th Jan. I received this note from the last witness—I noticed the name "Cubitt and Co." on it—I pronounced it to be a forgery, and got the policeman.

WILLIAM GARNER . (policeman, F 89). On Saturday, 17th Jan., I went to Mr. Kirkland, the pawnbroker's, and the prisoner was given into custody on a charge of uttering a forged 5l. note—Mr. Freeman said he believed it to be forged; the prisoner said it was all right, he received it from Messrs. Cubitt's—I took him to the police station in Bow-street—I put my right hand to his left, and he suddenly placed 2s. 6d. in my hand, and made his escape across the Strand—I went after him, caught him, and took him to the station—when I caught him he said he thought it would have been all right—when I got him to the station, I found on him nine shillings, six

duplicates, and a penny, which, with the 2s. 6d. he gave me, made 11s. 7d. altogether.

ROBERT MCKENZIE . I am inspector of the F division. When the prisoner was brought to the station, I sent for him—he said his name was George Watson, residing at No. 10, Duke-street, Manchester-square—I asked him what his occupation was, and told him I was about to make inquiries—he said he was a betting man, and got his living by betting on horses and other things—I told him I was about to make inquiries, and did he live at No. 10, Duke-street?—after some hesitation he said, "No, I do not"—I said, "Then your name, perhaps, is not George Watson?"—he said, "No, it is not; my friends are respectable, I do not wish them to know the situation in which I am placed."

ABRAHAM SMITH . I am a watchmaker, and live at No. 10, Duke-street, Manchester-square. There is no person named George Watson or John Parker living there.

HANNAH RUMBLE . I live at No. 16, Chester-street, Belgrave-square. I do not know the prisoner—I do not know any person named Watson living there.

THOMAS ROBINSON . I am in the employ of William Cubitt and Co., as cashier. I see the endorsement of Cubitt and Co. on this note—I am sure it has not been endorsed by our firm; they sign their name in a manner entirely different—I do not know the prisoner—I have never seen him before.

Cross-examined by MR. MACENTEER. Q. Are there any other persons of the name of Cubitt? A. Not in Gray's Inn-road—I will swear that.

JOSEPH BUMSTEAD . I am inspector of notes to the Bank of England.

These notes are both forgeries, and are from the same plate.

GUILTY . Aged 27.— Six Years Penal Servitude.

Reference Number: t18570202-310

310. JOHN WINSOR , feloniously uttering a forged Bank of England note for 10l., with intent to defraud.

JOHN BROMHALL ., I am waiter at Gregory's Hotel, Rupert-street. I know the prisoner—on 18th Dec. he was indebted to me 3l.—I cannot recollect that I asked him to pay me, but he proposed to pay me—he offered me in payment a 10l. note—this is the note—I took it from the prisoner to Mr. Gregory, the proprietor—the prisoner said he had received some money, and now he should be able to pay me, and he took this note out of his pocket book—I took it to Mr. Gregory, who gave me the full change—the prisoner said, "I will give you 30s. now; I am going into the country, and on my return I will pay you the remainder"—this was on a Thursday; and on the following Tuesday, in consequence of information, I went with a constable to a public house in the Haymarket—I did not find the prisoner there—I went to Regent-street, and saw him walking along the street—I tapped him on the shoulder, and said, "Mr. Winsor?"—he said, "Yes"—I said, "The note you gave me was forged"—he said he did not know it, but if I would give him a little time he had no doubt he should be able to find the person who gave it him, and he would make it all right—I gave him into custody.

Prisoner. Q. When I saw you on the evening of the 18th, what did I say? A. That you had got some money, and should be able to pay me, but you had no change—I said, "I can get change"—you walked into the smoking room, and gave me the note—I was not away longer than while I walked to the proprietor to get change—it might be five minutes—I did not say before the Magistrate that it was twenty minutes before I returned—Mr.

Gregory put your name on the note there and then—I had no other notes about me at that time—I did not take any money that day for horses that I had backed—I am positive this is the note you gave me—I do not think I had taken another note that day.

WILLIAM TOMLIN GREGORY . I am the proprietor of the hotel. Bromhall brought this note to me, and I wrote this name on it.

Prisoner. Q. What time was it I came to you? A. Between 8 and 9 o'clock—I can swear this is the note Bromhall brought me—I did not send any other note but this to the bank.

THOMAS HOWE . (policeman, A 313). On 23rd Dec. I went with Brom-hall to a house in the Haymarket—I waited outside while he went in, and the prisoner walked out at the other door, and went down the Haymarket—I afterwards saw Bromhall go to the prisoner, and I took him in charge—the prisoner said if he would give him time, he should find the person he got it from—when at the station, he said he got it from a man of the name of Mitchelmore—we asked him where he lived—he said he did not know—he said he could not describe him; he had no doubt he could find him.

Prisoner. Q. On the night you were in the Haymarket did you go into Mr. Carter's? A. No—I know you could see Bromhall go in, through the glass door—I have been in that house—it was about a minute and a half after I saw you come out when Bromhall gave you in charge—I know Drummond-street—the White Bear tap runs into the yard—I did not see you go up there—it was at the corner of Regent-street and Jermyn-street that Bromhall overtook you—you were not walking very fast.

JOSEPH BUMSTEAD . This note is forged.

Prisoner to JOHN BROMHALL. Q. How long have you known me? A. Twenty-four or twenty-five years—I cannot say that I ever knew anything wrong of you before this transaction—I never heard anything against you.

Prisoner's Defence. The note I gave to Mr. Bromhall was the note I received from Mitchelmore; I did not put any name on it, nor did I ask Mitchelmore to put any; I took it, I believe, in the month of Aug., for a good note.

NOT GUILTY .

Reference Number: t18570202-311

311. ZACHARIAH PICKARD , stealing 570 lbs. weight of ivory, value 127/.; the goods of Mary Amelia Rudd.—2nd COUNT., feloniously receiving the same.

MR. COOPER. conducted the Prosecution.

RICHARD WILLIAM CLAVERIE . I am carman to Mary Amelia Rudd. On 19th Dec. I went to the London Docks for ivory—I received ninety-two pieces of elephants' teeth—I then went for two tierces of beer from Northumberland wharf—I went first to Rood-lane, and then to Billiter-street, where my mistress has an office—I left the cart at the door while I went on an errand—on my return it was gone—the ivory weighed 5 cwt. 10 lbs.

RICHARD WILLIAM HOWES . I am foreman to Mrs. Mary Amelia Rudd. I saw the cart at the door and missed it.

JOSEPH BROWN . (City policeman, 584). In consequence of information I went with Beckwith, and took the prisoner at No. 15, Little Anchor-street, Bethual-green—I told him I had called respecting some ivory he had sold to Mr. Beckwith—he asked me what I wanted with it—I told him I wanted to see it—he said, "You can't see it; I have sold it, and what have you to do with it?"—I told him I was a police officer, and wanted to know who he had sold it to—he said that he had sold it to two men, but he did not know who they were—I asked him who he got it from—he said,

"Two men brought it to me in two sacks, and asked me to sell it for them; I sold it to Mr. Beck with for 12l. 10s.; I gave 10l. to the two men, and the other, the 2l. 10l., I spent"—I had before received a piece of ivory from Mr. Badkin, an ivory turner—I told the prisoner he must consider himself in custody, and proceeded up stairs to search his apartment—while I was doing so he said, "I will tell you the truth; two men did not bring it to me, I found it under an archway just by my house" (there is an archway near where he lives), "and, being hard up, I put it into two bags, and took it to Mr. Beckwith's, and sold it for 12l. 10s., as I told you before; and two days afterwards, two men called on me, and said that they had called respecting the ivory I had found, and said it belonged to them, and demanded the money that I had got for it, and I gave them 10l., and the other I have spent"—I asked him if he knew the men that he gave the money to—he said that he had never seen them before—I asked if he could give any description of them—he said that all the description he could give was, one was a tall man and wore a cap—the prisoner is a cab driver—on searching his house, I found a cab driver's badge and licence.

Cross-examined by MR. RIBTON. Q. Was it from information from Beckwith you went to the prisoner? A. Yes; Beckwith was the man that had the ivory in his possession—my brother officer found Beckwith in pos-session of the ivory—he delivered it up to him—Badkin is an ivory turner, of Spicer-street, Bethnal-green—he gave me a piece of ivory—there were fifteen pieces found at Beckwith's—I found no ivory at the prisoner's—I went to the prisoner's house on 30th Dec.—Mr. Beckwith took me to the house—the prisoner was not at home when I went, but he came after I had been at the door two or three minutes—he had not his badge on, I found it hanging up in the room—I was not in uniform.

WILLIAM SMITH . (City policeman, 572). I went to Mr. Beckwith's on 30th Dec., with Brown, and not finding Mr. Beckwith at home, Brown went to look for him—after a few hours he returned—I proceeded with Beckwith into the back parlour, and he produced these two receipt files, and told me he had paid this money—I went in the coal hole, and found this ivory in the sack—there are marks on these pieces of ivory, "T. C. lot 100"—I took possession of it, and took it to the station—the prisoner was then waiting outside in a cab with Brown—I showed these receipts to the prisoner—I said, "Is this your writing?"—he said, "Yes, it is; I hope Mr. Beckwith will not get into trouble through it"—in proceeding from Seething-lane station to Bow-lane, the prisoner said, "I found it under the archway, but I knew it was dishonest; I took it into my room; I took a portion out of the bag, and put it into a blue bag; two men came (they must have seen me putting it into this other bag), and they told me it was their ivory; I told them I would sell it for them; I sold it, they gave me 2l. 10s., I gave them 10l".

Cross-examined. Q. Did you receive information which induced you to go to Beckwith's? A. Yes; I found the fifteen pieces of ivory in the coal hole—there was a little coal on them—I believe he is a retired publican—I have heard he deals in rags—it is said that he is a rag merchant—I cannot tell whether he has any dealings at his house—these are the receipts.

THOMAS BADKIN . I am an ivory turner, of Nos. 7 and 8, Tyson—street. I gave Brown this piece of ivory—Mr. Ferry brought it to me—it is a class of ivory that I seldom use—it is now worth in the market about 28s. a cwt.—about two years ago it was not worth 20s.

Cross-examined. Q. In Dec, 1856, what was it worth? A. About 25l. or 26l.—of course 10l. would be considerably under the value—I know Mr.

Beckwith—I saw him twenty-five years ago—I believe he was a weaver when I first knew him.

JOHN FERRY . I live at No. 18, Mead-street, Bethnal Green road, and am a wire drawer. I received a piece of ivory from Mr. Beckwith—I gave it to Badkin.

Cross-examined. Q. Are you sure this is the piece you gave him I A. It looks very much like it—it was wrapped in a newspaper—Mr. Beck-with called at my house on the evening of 23rd Dec., and asked me if I thought Badkin would buy a little ivory—I said that I did not know, no doubt if the article was good and the price suited, he would—he said, "Perhaps you will give me his address, perhaps you will introduce me to him"—I did so, and he came the next morning and left it at my house, and I went out about 12 o'clock, and left it at Mr. Badkin's, to see if he would buy it and what he would give for it—he looked at it, and said it was an article he did not use much—I left it with him, and after some remarks he said that he would give 3s. a pound for it, and I communicated that to Mr. Beckwith.

JOHN PAYNE . I am a delivery foreman at the London Docks. On 19th Dec. I delivered to Claverie ninety-two pieces of ivory—this "T C" on it is the ship's name, the Thomas Campbell, and there was "Lot 100" on it—I can identify these three pieces as some of those I delivered.

WILLIAM CARTER . I expected some ivory that day—I have no doubt this is the ivory, it is such as I was to receive at the present time—it is worth about 28l. a cwt.

MR. RIBTON. to JOSEPH BROWN. Q. Do you know where the cart was found? A. Yes, near Cambridge Heath gate—it was left quite unattended, and the nosebag on the horse—two men, Arnold and Hurley, were taken up, but they were discharged.

(The prisoner received a good character.)

GUILTY. of receiving. Aged 52.— Confined six Months.

THIRD COURT.—Thursday, February 5th, 1857.

PRESENT—Sir JOHN MUSGROVE., Bart, Ald; Mr. Ald. LAWRECCI.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Eighth Jury.

Reference Number: t18570202-312

312. AMELIA HERBERT , stealing 1l. 2s. 6d.; in money, of William Eeeler, from his person.

URIAH TREW . (City policeman, 79). On Sunday morning, 11th Jan., between 1 and 2 o'clock, I heard a cry of "Police!" in a female's voice, at Bridgewater Gardens, leading out of Barbican—I proceeded to the spot, and saw the prisoner and prosecutor together—the prosecutor said that she had robbed him of a sovereign and a half crown—she said that he had given her a half crown and wanted it back again—I asked him how long since he had the money in his possession—he said that he was sure he had it not a minute before—I took her to the station—she produced half a crown voluntarily—she was searched by the female searcher, but only 2 3/4 d. was found on her.

WILLIAM KEELER . I am a collar maker. On the night between Saturday,

the 10th, and Sunday, 11th Jan., I saw the prisoner in Smithfield, about 1 o'clock—she begged very hard for a cup of tea, which I at first refused, but afterwards gave her in a coffee shop in Smithfield, and I had a cup with her—we came out together, and she followed me on my way home, as far as Bridgewater-gardens—she laid hold of my left arm—I took my hand from my trowsers pocket to my breast pocket, and when I put it back into my trowsers pocket my money was gone—I had had my hand upon it all the while—it was a sovereign and a half crown—I said, "You have robbed me of a sovereign and a half crown"—she tried to escape, but I would not let her—she called for the police, a policeman came up, and I said, "This is just the man I want"—she said that I had given her the half crown to go with her, and then wanted it back—I had given her no money at all—I was with her about half an hour—I changed 6d. to pay. for the tea, and had a few coppers out, which I put into my other pocket—I saw the sovereign in the coffee shop and the half crown—I took them out, but the prisoner was sitting on the other side of me, and could not see—I did not feel her hand in my pocket at all—I have examined my pocket, there is no hole in it, it is exactly the same now—I was perfectly sober—I had drank some ale, but not to affect me—she was sober, to all appearance—she wanted me to go home with her, but I refused.

Prisoner. Q. Is Bridgewater Gardens on your way to Finsbury-square from Smithfield? A. I do not know, I am a stranger to that part, I have not been in London long.

COURT. Q. Did you turn down Bridgewater Gardens to go with her? A. She laid hold of my arm, and pulled me up there.

Prisoner's Defence. We had two cups of tea together, and he asked me to go to Finsbury-square; I said that there was no place there, and he had better come where I could get a room; he said that he could not afford to pay for a room; when he had done as he wished he offered me some coppers, and wanted 2s.; back, which I would not give him, and he said that he would charge me with stealing a half crown and a sovereign; we went quite out of the way to go to Bridgewater Gardens.

NOT GUILTY .

Reference Number: t18570202-313

313. DANIEL COLLINS , burglariously breaking and entering the dwelling house of Rebecca Webb, at St. Pancras, and stealing therein 12 lbs. weight of paper, value 3s.; her property.

JOSEPH DALE . I am assistant to Rebecca Webb, a cheesemonger, of No. 131, Tottenham Court road. On Thursday morning, 15th Jan., between 7 and 8 o'clock, I went into the back kitchen, and found that a board had been removed from the window, which was in a rather dilapidated state—there was a box under the window inside, with waste paper in it—I did not miss any at that time, but about 11 o'clock a policeman came—I then looked into the box, and missed some paper, which I identified at the station house as my mistress's—the window was perfectly secure the night before, between 5 and 6 o'clock; I went to bed between 11 and 12 o'clock—I cannot say whether I was the last person who was in there—I was down first—removing the board gave them the opportunity of putting a hand and arm in, and reaching the paper from the box—there were bars to prevent them getting in entirely—the window looks into a court which is no thoroughfare, and is even with the ground floor—it is five or six feet high—there was a table outside the window, which is used by a man living in the court, and anybody standing on that could reach.

JOSEPH PARKER . (policeman, E 35). I took the prisoner at the bottom

of Holbrook-court—he was putting some boots under this paper (produced) which he had with him—he said that he was not guilty—I took him to the station—it was about half past 1 o'clock.

JOSEPH DALE . re-examined. The board was tight, and would require force to remove it—it could be slipped down—the box had no lid—the paper was worth 3s. or 4s.

GUILTY. of housebreaking.

(The prisoner was further charged with having been before convicted.)

MICHAEL RIORDAN . (policeman, E 72). I produce a certificate of the prisoner's former conviction—(Read: "Daniel Collins, Convicted, on his own confession, at Westminster April, 1855, of stealing boots; Confined three months")—I was present at the trial—the prisoner is the person.

GUILTY. Aged 21.— Confined Nine Months.

Reference Number: t18570202-314

314. HENRY HALL , unlawfully attempting to obtain 2l. from Benjamin Wilson.

MR. LILLET. conducted the Prosecution.

BENJAMIN WILSON . I am a tailor, and did live at Shannon-terrace, Dalston. I now live at Gloucester—on 13th Jan., between 1 and 2 o'clock, I was in Petticoat-lane—a Jew stood at my back, or at my side, and the prisoner was slightly in advance of me, with something in his hand, wrapped up in thin paper, for which the Jew offered first 30s.; then 32s., and then 34s., but he would not let him have it—the Jew was rattling money in his hand—I walked on—the prisoner came up to me, and said, "Will you buy it?"—I said, "What?"—he said, "It is a valuable gold curb chain"—I asked to see it—he looked about, and begged of me great secrecy, and went through a passage, I following him—he then handed me this chain (produced)—he said that it was sixteen carat gold, and weighed 2ozs. all but 1 dwt.—he asked 50s.; for it—I told him I had not got sufficient money with me to purchase it, and that it was too much—he offered it to me for 40s.—I then went to keep an appointment which I had—he accompanied me as far as Aldgate—I said that I should not be more than ten minutes or a quarter of an hour, and he waited till I returned—I was then going to keep another appointment in the Strand, and as he was still very urgent to sell the chain, he accompanied me—during the journey I inquired of him how he became possessed of it; he said that he was employed at a manufacturing goldsmith's in the City, where they had taken stock the week previous, and by that means he was able to abstract gold chains and guards for the next twelve months without being detected—he entreated me to keep secrecy, and said that if he could depend upon me, it would be many pounds in my pocket—I kept my appointment in the Strand, and he then went with me to St. John-street-road—during the walk, I appointed to meet him at 8 o'clock in the evening, at the corner of New Inn Yard, Shoreditch, to purchase the chain—as soon as I parted with him, I informed police inspector Townsend, at the Hoxton station—in the evening I kept the appointment; the prisoner was there to a moment—he came up, and asked me if I was prepared to buy the chain—I said, "Certainly," and took him into the Bishop Blaze tavern—I went in first, at his request, for the purpose of seeing whether there was anybody there, as, if there was, we were not to go in—I told him that there was no one there, and we went in—the landlord came, and I ordered some porter—when he was gone, the prisoner handed me the chain—when the landlord was about to bring in the porter, the prisoner snatched the chain back, and said, "There is nothing like secrecy in these matters"—immediately afterwards two officers came in; one of them

asked me what I did there—I told him I had come to purchase a chain of this person, which was represented as sixteen carat gold, and weighed 2 ozs. all but 1 dwt.—he asked the prisoner for the chain, but he refused to give it up—they took him into custody, secured his hands, and took the-chain out of his left hand pocket—this is it.

Cross-examined by MR. SLEIGH. Q. Did you see whether he had more chains than one in the morning when you were with him? A. This was the only one I saw—I did not put any mark on it, to recognise it, but I have never seen so large a curb chain in my life, and I believe this to be it—I could not undertake to pick it out of half a dozen others—I had not the slightest intention of buying it when I made the appointment for the evening, but I did not know that it was a plant on me; I believed it to be genuine sixteen carat gold—I thought it was worth at least four times the money, and I made up my mind to place the matter in the hands of the police, which I did, believing that it was the property of a manufacturing goldsmith, from whom he had abstracted it, according to his own words—I believed it to be a gold chain when I went to the public house in the evening, but from the very beginning I had no intention of parting with my money—I do not know where he lives—I never saw him before—I know no one belonging to him—some woman, crying, accosted me outside the Court yesterday—I may have told her that he had better plead guilty at once: because it would save my loss of time.

MR. LILLET. Q. Was more than one chain found on him? A. Only one, and the police took possession of that.

HENRY STURGEON . (policeman, N 492). On 13th Jan., about 8 o'clock in the evening, I and another officer went to a public house in New Inn Yard, and saw the prisoner and prosecutor—I took the prisoner into custody, and told him that I took him for being in possession of a counterfeit chain—he did not produce it, and I put my hand into his pocket, and drew it out—there was only one there—this is it—he said outside the door, "You must be a child, don't you know it is a duffer?"—that is a slang term, which I understand means something spurious—I said, "I don't know that it is" he said, "Tell him you are satisfied, give me the chain, I will sell it to him for 2l., and you shall have half a sovereign for your trouble"—I told him I did not do business in that manner, and took him to the station.

HENRY JAJIES BECKLEY . I am a dealer in jewellery. This chain is common metal, which has been plated: merely washed with gold, not electro plated—it is worth about 1s. 9d. trade price.

Cross-examined. Q. Do you mean that you are a goldsmith? A. No, but I deal in chains and watches, and jewellery—I should say that this chain is not an alloy of gold and other metal—there has been a portion of gold put on it, but here are several places where I have burnt it off—I have been in the trade twelve or fourteen years—I have no tests here—if I had tested it much, it would have been all black.

(MR. SLEIGH. contended that there was no case against the prisoner, as if the prosecutor had parted with his money, he would not have done so, relying on anything which the prisoner said, but for the mere purpose of entrapping him, he having seen through it from the beginning; and therefore he could not be convicted of an attempt to commit an offence which, if it had gone to the full extent, would not have been sustainable by the evidence. (See Regina v. Roebuck, 1 Dearsley, p. 24.) MR. LILLEY. relied upon the same case, considering that it did not support Mr. Sleigh's argument. MR. SLEIGH. further contended that the statement as to the value, was not a false pretence;

that the prisoner's statement, that he was in the employ of a manufacturing jeweller, had not been negatived; that the chain was proved to be partly gold; and lastly, that the chain shown in the evening was not identified as the one about which the prisoner had made the representations in the morning. THE COURT. left the case to the Jury, and would reserve any point (fit became necessary.)

GUILTY . Aged 28.— Confined Three Months.

Reference Number: t18570202-315

315. WILLIAM HENESSEY , stealing 3 shirts, 4 sheets, and other goods, value 3l.; the goods of Edward Casement; to which he

PLEADED GUILTY . Aged 18.— Confined Three Months.

Reference Number: t18570202-316

316. ROBERT COULSTON , stealing 9 printed books, value 2l., 15s.; the goods of William Heaton: to which he

PLEADED GUILTY . Aged 18.— Confined Three Months.

Reference Number: t18570202-317

317. THOMAS RIDAER was indicted for wilful and corrupt perjury.

MESSRS. TALFOURD, SALTER., and LAXTON. conducted the Prosecution.

JOSEPH KING . I am attorney for Mrs. Ridaer. I produce a writ and summons—(These were at the suit of Mary Ann Ridaer, in the Queen's Bench, against Henry Salisbury, of No. 4, West India Bock Road)—there-is no endorsement for any amount, but it was for false imprisonment as well as for 700l.—the date is 6th Nov.—the defendant must have entered an appearance, but I do not recollect having notice of it—the action has not been tried yet—on 3rd Jan. we received a joinder in issue, and jt is now at issue—it was ready for trial I think at the commencement df the term—I have given no notice of trial yet—I have no doubt that this paper (produced) bears the defendant's signature, but I did not see it signed—I have never seen him write his name—an affidavit by him has not been signed in my presence, in my office.

Cross-examined by MR. GITPPARD. Q. When were you first applied to by Mrs. Ridaer about the action? A. A few days before the issuing of the writ—I did not give notice of trial, simply because the woman has not got funds to carry the matter into Court.

WILLIAM ROBERT PHILP . I am the son of William Philip, the attorney for the prosecution. I produce an order to hold the prosecutor to bail (dated 11th Nov.)—this summons was taken out for the discharge—(This was dated 17th Nov., and was to show cause why the order to hold to bail should not be set aside, and the defendant set at liberty)—I was present at the hearing of the summons both times; it was adjourned from 18th to 20th Nov., to answer our affidavit—it was heard before Mr. Justice Crompton—this affidavit was made by the defendant; this is the original—it is dated 20th Nov.—it is signed Thomas Ridaer, and was sworn before Mr. Jefferies; I was present—I did not see this piece of paper, but I heard the affidavit read by Mr. Tipping—the officer of the Court produces it now: it is filed——upon this affidavit the Judge endorsed the summons "No order" and refused to discharge the defendant out of custody.

NAPOLEON ALDRIDGE . I am in the Rule Office, Queen's Bench, I produce this piece of paper, which purports to be signed by Thomas Ridaer—it was filed in the Queen's Bench, in the action of Ridaer v. Salisbury, on 29th Nov.

EDWARD LEWIS HILL . I am a clerk in the Writ Office, Queen's Bench. This (produced) is an original order for granting a capias, which was filed with us in the action of Mary Ann Ridaer v. Henry Salisbury, on 14tk Nov., 1856—it is signed by Mr. Justice Erie.

WILLIAM NIGHTINGALE . I am a clerk in the Sheriff's Office. I produce a writ of capias, at the suit of Mary Ann Ridaer v. Henry Salisbury, issued out of the Court of Queen's Bench, on 14th Nov., 1856, by order of Mr. Justice Erie, for 700/.—this (produced) is a warrant issued on the capias.

WILLIAM STRONG . I am an officer of the Sheriff of Middlesex. This (produced) is a warrant for the arrest of Henry Salisbury, dated 14th Nov., 1856, upon which I arrested him on the 15th.

THOMAS SIMPSON JEFFEREYS . I am clerk to Mr. Justice Erie, and am a commissioner, with power to administer an oath. My name is attached to this paper (produced), and the defendant's name likewise—I administered the oath to a party who answered to the name of Thomas Ridaer—I should not know him again.

ABRAHAM BARNETT . I live at Bow, and know the defendant. I have seen him write—this is his writing, to the best of my belief.

Cross-examined. Q. When have you seen him write? A. About two years and a quarter ago—I do not recollect what he wrote then, but I have seen him write twenty or thirty times before that—(The affidavit being ready was sworn by the defendant, and stated that on Wednesday, 12th Nov., about 3 o'clock, he was in the parlour of the Blue Posts tavern, and saw John Salisbury and Henry Salisbury come in, and that Henry Salisbury said to John, u They will appear against me to-morrow; but never mind; if I only once get out, I am off," or, "I will be off; I will not give them a rap, none of them".)

HENRY SALISBURY . I am the prosecutor, and am a sailmaker, of No. 11, Dudley Terrace, Limehouse. I was the defendant in the action of Ridaer v. Salisbury—I was served with a copy of a writ of summons on 6th Nov.; I believe I instructed my attorney to make an appearance for me—I appeared at the police court on 13th Nov., in reference to an assault which was said to have been committed on the 8th—I saw Mary Ann Ridaer there; the defendant was not there—a man named Hitching appeared, who had the summons out against me—I was arrested by Strong, a Sheriff's officer, and taken to Mr. Sloman's, another Sheriff's officer, and kept there about a week—I went eventually to Whitecross-street, and came out, I think, on 6th or 7th Dec.—there is a public house called the Blue Posts, next door to where I carry on business; I do not reside there, I usually get to business about 9 o'clock—I was not at the Blue Posts on 12th Nov., nor in the parlour of that house, nor did I there see John Salisbury, my father—I did not go in and begin to converse with him on the subject of an assault case which was to be heard at the Thames Police office next day—I did not say to him, "They will appear against me to-morrow, but never mind, if I only once get out; I will be off, I will not give them one rap, none of them"—I never made use of those, or of any other words, intimating my intention to leave the country—I never had such a conversation with my father—I was at Woodford on 12th Nov., with my wife; we started between 10 and 12 o'clock in my cart, and got there between 12 and 1 o'clock, I suppose—I saw Robert Francis there, we dined with his wife, and I believe he came in dur-ing dinner—we had tea there, and left about 7 o'clock, and got home about 9 o'clock—I paid Francis two half sovereigns for clipping a horse.

Cross-examined. Q. Is it true that you have paid Mrs. Ridaer the 700l.? A. Certainly, and she knows it—I paid her about eighteen months ago; if I had my book here I could tell you—I believe it was on 17th Oct., as near as I can say, twelve months last Oct., 1855—it was not at the office of a

notary, in the City; I went to the office of a notary in the City for the purpose of paying it, or to get the bond; to pay the money if I got the bond—the bond was there, and Mrs. Ridaer wrote out a receipt, but she took the bond though—the bond and receipt were not handed to me—Mr. Harrison was the notary; he was present—I did not take the receipt and bond in my hand, nor did I get it into my possession before I left the premises at that time—I did not go there on a second occasion, when Mrs. Ridaer and Mr. Harrison were present, I got it at my house—I did not, when at Mr. Harrison's, put my hand in my pocket, as if to feel, and say that I had forgotten, my cheque book; I never kept a banking account in my life, so I could not have forgotten my cheque book, neither did I say go—I did not take away the bond and receipt at that time, I swear that—I paid that 700l. about 17th Oct., 1855, in gold and Bank of England notes—I got them the same as you get yours, worked for them—I did not get them from the Bank of England—if my father wants money for notes, and I have got gold at home, I give it to him—I did not steal them, I have got money at home now, I do not know where I got it from—there might be 300l.; in notes, and about 400l. in gold—I cannot tell the number of a note—Mrs. Ridaer has never complained to me of my conduct in this respect—she did come to my place of business and accuse me of having taken the bond and receipt, and never given her a farthing of the money, and I gave her into custody, but she did not complain at all—she caused a disturbance—she made no complaint against me further than that I gave her 600l. for the bond, which was for 700l., and she gave me the 100l. for the bonus; if I gave her 600l., she gave me a bond for 700l.

Q. I thought you swore that you paid the 700l., and that 400l. was in gold, and 300l. in notes? A. No, I paid 600l., I never said that I paid 700l.—I paid the 600l. on 17th Oct., 1855, as near as I can remember—when Mrs. Ridaer made the disturbance, she did not say anything that I am aware of, only that she wanted 75l.—she did not complain that I had kept back the money, and taken away the bond and receipt; that I swear—I did not tell you just now that when she came she complained that I had only given 600l., and she wanted the other 100l.; of course I told you she got 600l. for the bond—she next came, it might be six months ago, or it might be two—she made no complaint of my conduct then, or at any time—I believe it was in Oct., 1855, that she came the first time—I had agreed to pay the money when I got the bond, I believe that was 17th Oct.—there had been no agreement before that, it was to be paid and settled on that day; but Mrs. Ridaer came down and I paid the money, she came alone; my wife was not present—it was about twelve months afterwards that Mm Ridaer came and said, not that she was not paid, mind you do not run away with that idea, but she wanted so much more money—I have never stated to any one my intention of leaving the country—I do not know Mr. William Hitchins by his Christian name—the man who summoned me to the police court for an assault is Tutness—Captain Hitchins is not an acquaintance of mine, I know him by sight; he is the person who summoned me for an assault, before the Magistrate—I do not believe I have ever had a conversation with him, I never had one to remember it; I may have seen him in Nov., but I do not say that I had any conversation with him—I do not remember being with him at the Jamaica Tavern, West India Docks, in Nov.; I have not been in his company many times, but I will not say I was not in Nov.—I have been in his company once or twice, I believe it is twice—I swear that I never told him that I had been to Sidney and Hobart Town, and I never

said that I intended to go to New Zealand, nor yet in his presence—I have been to Hobart Town and Sidney, it is a good while ago—I know Captain Ramsden—I may have seen him in my place of business—I saw him on the morning I was arrested—I never told him that it was my intention to leave this country and go to New Zealand; nor did he on that ask me whether I meant to pay him the amount I owed him—I did not say, "No, I do not mean to pay anybody, I shall leave you all in the hole," or anything of that description—I have never told Captain Ramsden that I was going to New Zealand—I was not in the Blue Posts on Tuesday, 11th, with my father, nor yet on 12th, nor on Monday, the 10th; I do not believe I was there during that week; that I swear—I have not the least doubt that I was not there on the Monday, nor yet on the Tuesday, I never was inside the house; I am not in the habit—I was not there on the Wednesday, or the Thursday, the Friday, or the Saturday; not that week—I had no conversation with my father at all on the subject of the assault, in the Blue Posts; I had at our place of business, it is natural to suppose I should—my father was not in the Blue Posts that week, to my knowledge—I never said with respect to Mrs. Ridser's claim, that I would never pay a rap of it—I never expressed any intention to him of going away—I have been with Ramsden in the Blue Posts, but not about that time—I was not much in the habit of going there, perhaps two or three times a year—I have not been there thirty or forty times with my father and Captain Ramsden.

MR. T. SALTER. Q. Is there one word of truth in the statement that you have not paid this 600l. on the bond? A. None whatever—the first voyage I went to Hobart Town was as a sail maker; I went by way of ray business—I was about to take a new house about 20th Nov.; I am now living in it; it belongs to my father in law, and I had at that time entered into the agreement.

COURT. Q. Were you about to leave your present residence, and go to another, on 20th Nov.? A. No—I had entered into an agreement to go from my last house: I had only given notice to the landlord, my furniture was not packed up—no arrangements were going on at my former residence which would make an appearance of my being about to leave—there was no packing up whatever.

JOHN SALISBURY . I am the prosecutor's father. He never said to me that he had any idea of leaving the country—I saw him on 12th Nov., between 8 and 9 o'clock in the morning, but not afterwards during that day—I was not in the Blue Posts that day with him—I never saw the prisoner that day, and do not know him—I never heard such a word uttered as, "If I only once get out, I will be off; I will not give them one rap, none of them"—I had no such conversation with him that day—I may have been at the Blue Posts on the 10th or 11th.

Cross-examined. Q. Were you there with your son on the 10th or 11th? A. I have no recollection of being there on the 10th or 11th, but on the 12th I was not there with my son—I may have been there on the 11th, but I believe I was not—I remember the assault case in which my son was summoned—I had no conversation with him at the Blue Posts in reference to the assault case; I will swear that—it may have come on the day before or the day after this arrest, I do not carry an almanack—I have not had some talk with my son about it anywhere; I left it entirely to himself, and I was there to pay the money, but I had no talk with him about it, because I knew very well he would be fined—I paid the money; it was 5l.—I really cannot tell you when it was, but if I had known you were going to ask me

I would have brought my memorandum book—I mean to say that when I went up to the police court, knowing that my son would be fined, I had no conversation with him—I was present at the time of the assault—I do not believe my son, during the last four years, has sat with me in the Blue Posts two minutes—we have stood at the bar there with one of our customers, but nothing more—I was not with my son in the Blue Posts in Nov. last, to my knowledge; I may have been, but I cannot remember it—I have no recollection of being in the Blue Posts with my son relative to this question—I cannot tell you whether we were there a short time before the assault came on for hearing—I believe I never said a word to my son relative to the assault after it was committed, nor did he say anything to me about it—we did not go up to the police court together; of course, we met there—T cannot tell you how I knew at what time the assault case was to come on for hearing—I saw the assault committed—I first learned that my son was summoned to the police court when a summons was left at my office—I learned it from no one but the paper—I did not speak a word to my son about it—I said, "There is the summons; attend to it"—I did not tell him I would go and pay the money; he did not know I was going to pay it—he had not the money to pay it himself) and he did not know I was going there—I did not tell him that I knew he would be fined, but I told him afterwards that it was a shame he was fined—I never heard my son say that he would not pay Mrs. Ridaer's claim, or anything of the kind; I did not know she was making a claim against him—I knew all about her making a disturbance, because she is a common disturber—I never knew that she made any claim for payment from my son; I never heard from him that she did—I cannot tell you when the disturbance was; I do not keep such things in my memory—it was about a fortnight or three weeks before this matter of the assault that the disturbance was raised by Mrs. Ridaer—I never inquired what the disturbance was about; I never give myself trouble about business which does not concern me—I do not know at this moment what Mrs. Ridaer came about—I think she was present at the time of the assault—I was present too—not a word was said in my hearing about a claim of Mrs. Ridaer—I know that she has arrested him, and put him into prison for twenty-one days—I do not know that she has any claim against him, and he has never told me so, or anything at all about her, because I will not listen to him—he has not offered to tell me when I have refused—he has never expressed his intention of not paying her claim.

MR. T. SALTER. Q. You have been asked about paying money for the assault; I believe it was not till three weeks after it first happened? A. A fortnight or three weeks; it was after my son came out of prison—he was unable to appear to the assault, in consequence of being in prison, and it was adjourned for a week—I was at the first hearing of the assault; it was adjourned for a week—my son was in prison on the day of the adjournment, and it was adjourned till he came out—on his coming out, the 5l.; was paid—I had no conversation with my son about it during the three weeks he was in prison—I only flaw him on the 12th, early in the morning, between 8 and 9 o'clock—I did not see him again that day.

EMMA SALISBUBY . I am the prosecutor's wife. I went to Woodford with him on 12th Nov.—we started between 10 and 12 o'clock, and returned about 9 o'clock in the evening—my husband was at Woodford with me during the whole of that time—it is true that he had agreed to take a new house in that neighbourhood at that time, and we are living in it now.

ROBERT FRANCES . I am horse clipper and stable keeper at the Roebuck, at Woodford. I remember the prosecutor and his wife coming there, on Wednesday, 12th Nor.—they dined and had tea there—they left about 7 o'clock, having arrived between 12 and 1—my wife has lately been confined, or she would have been here—she was with them—I know it was the 12th, because I received a sovereign, and made a memorandum of it.

(MR. GIFFARD. proposed to call witnesses to prove that the prosecutor had expressed his intention of leaving the country; MR. T. SALTER. contended that collateral evidence would be no answer to the indictment, and would be immaterial to the issue; THE COURT., having consulted Mr. Justice Wightman, was of opinion that the evidence was inadmissible; MR. GIFFARD. proposed to call Mr. Harrisson, the notary, to contradict the prosecutor as to what took place at his office, which was matter at issue in the case; MR. T. SALTER. contended that it could only tend to prejudice the Jury; THE COURT. considered that although Mr. Giffard had cross-examined on collateral matter, he could not call evidence upon it and raise a collateral issue.)

(The prisoner received a good character.)

NOT GUILTY .

OLD COURT.—Friday, February 6th, 1857.

PRESENT—Mr. Baron BRAMWELL.; Sir WILLIAM MAGNAY., Bart, Ald.; Sir HENRY MUGGERIDGE., Knt., Ald.; and Sir ROBERT WALTER CARDEN., Knt., Ald.

Before Mr. Baron Bramwell and the Third Jury.

Reference Number: t18570202-318

318. MARTHA REBECCA JUKES was indicted for feloniously administering to William Jukes 1 drachm of laudanum; with intent to murder him.

MR. GIFFARD. conducted the Prosecution.

SAMUEL JOSEPH BIRCH . I am the resident medical officer at the London Hospital. On Monday afternoon, 5th Jan., the prisoner was brought to the hospital—she was in a state of approaching coma, or insensibility, from the effects of laudanum—I gave her an emetic—I examined the discharge from the stomach; there was no question as to its character—when she was somewhat recovered from the effects of the poison, I asked her what led her to do it—she said that she was anxious to go to heaven, and that she had also given her child some, in order to take it to its father who was in heaven—I sent for the child; I found it suffering from, the symptoms of poison by opium—it was nearly five years of age—I cannot at this moment remember its name—it was a male child—she Raid it was her child—about 8 o'clock the same evening she said that she had been to Yarmouth to bury her father; that on her return she found that her husband had committed suicide; that she had been endeavouring to support her child and herself by needlework, and being unable to obtain a subsistence by that employment, she had bought about 4d. worth of laudanum, at different chemists, part of which she had taken herself, and the rest she had given to her child—I did not take any means of ascertaining what quantity the child had taken—I gave it an emetic, but owing to the carelessness of the nurse, what it threw up was thrown on one side—the child was fast lapsing into a state of coma—I should say it had taken sufficient to be dangerous to life, but, fortunately, there was a large amount of food on the stomach, which rendered the absorption of the poison less liable to prove fatal to the child.

Cross-examined by MR. SLEIGH. Q. I believe she was in a miserable state of depression and melancholy? A. Her aspect was one of the most distressing I ever witnessed, from many years' experience at the hospital, and had I been called upon to certify as to her state of mind at that moment, I should have had no hesitation in giving a certificate, she was so depressed in mind and broken in health, that it was one of those forms of insanity called melancholia—she was in such a state of depression and agony, that she had scarcely a mind over which she had the slightest command.

COURT. Q. You say you thought her condition was that state of insanity which is called melancholia? A. Yes, one of those forms of insanity in which persons sometimes commit suicide.

HANNAH WILLIAMS . I am the wife of Edward Williams, and live at No. 14, Bedford-street, Stepney. The prisoner lodged with me, with her child—its name was William Jukes—on Monday afternoon, 0th Jan., she asked me for a cup of tea—I did not observe anything about her at that time, but shortly afterwards she was raving, and in a great way about her husband, and I thought she was ill—I happened to look round the room, and on the washing stand I found a phial, marked "laudanum," and a mug by the side of it—I sent for a doctor—she was taken to the London Hospital, and the child about an hour afterwards—the child seemed very ill at first, but afterwards it seemed much livelier.

Cross-examined. Q. I believe this poor creature had been living at your house four or five weeks? A. Five weeks—I know that she was suddenly summoned down to Yarmouth, at her father's death—it was while she was away that her husband committed suicide, and she was summoned back to town in consequence of that event—I do not know the husband's handwriting.

COURT. to SAMUEL JOSEPH BIRCH. Q. From what you saw of the woman, should you say that she knew the nature and quality of the act that she was doing, and that it was one prohibited by law? or was her mind so gone that she did not know more than a natural idiot would have done? A. I should. say, at that period it was so—I mentioned that it was that form of insanity passing on to what is called melancholia, in which persons sometimes commit suicide—that is a temporary state—I should think at that time, decidedly, that she did not know that the act she did was calculated to take away life—I do not think she knew that what she was doing was prohibited by law, her answers were so simple at first in reference to taking the child to heaven to see its father.

WILLIAM BRIDGELAND . (policeman, K 39). From information I received, I went to the London Hospital, and took the prisoner into custody—I said, "You are charged with administering poison to your little boy, and taking some yourself; you must go to the station with me"—she said, "Yes."

NOT GUILTY ., on the ground of insanity.

Reference Number: t18570202-319

319. HENRY HOLDING was indicted for an unnatural offence.

MR. CAARTEN. conducted the Prosecution; the prisoner was undefended In this case, the JURY. first found the prisoner Guilty, and sentence of Death was directed to stand recorded; but, in consequence of the result of some inquiries made by the officer in the case, the prosecutor (a boy of fifteen) was shown to have made certain false statements upon his examination;

MR. BARON BRAMWELL . directed the Jury to reconsider their verdict (an interval of two or three hours having elapsed since the original finding, and another case having been tried;) and they ultimately found the prisoner

NOT GUILTY .

Reference Number: t18570202-320

320. JOHN WILLIAMS and HENRY MILLER were indicted, together with another person, for a robbery with violence, on Joseph Harris, and stealing 1 watch, and 1 guard chain; his property.

MR. PAYNE. conducted the Prosecution.

JOSEPH HARRIS . I am collecting clerk to Messrs. H. and E. Rosier, of Limehouse, and have been so forty years. On Saturday, 10th Jan., I was in Rose-lane, Stepney, between 12 and 1 o'clock in the day—I was walking along, with a leather travelling bag in one hand, and an umbrella in the other—the Black wall railway runs across Rose-lane—there are three arches, one crosses each of the pathways, and one crosses the road—when I got within about sixty yards of the first archway, the prisoner Miller came off the footpath as deliberately as possible, and came towards me—when he came close to roe, he stopped in front of me, and said, "Old gentleman, we have been waiting for you"—I was instantly seized from behind by two men—I turned my head sharply, and saw there were two—one took charge of my arms, and the other took charge of my head—my head was pressed down, and something as cold as possible put over my face, I could neither speak nor see, no further than I know that the man who met me in front, took my watch out of my waistcoat pocket—the weather was cold at this time; it might have been a hand that was put over my face—Miller tore the watch through my buttons—he tore the buttons off my waistcoat in doing so—finding that he could not get the guard off my neck, for I always button one side of it in my braces, and it was a strong solid gold guard, he seized it with all his might, and broke the guard—it was enough to cut my neck through, indeed, I wonder it did not do so—he broke the guard and took the watch away—I then felt his hand going to my right hand pocket—having a considerable sum of money in my left pocket, I struggled to get my mouth clear, and sang out, "Police!"—and at that instant I received a blow which knocked me down, and knocked my senses completely out of me—my recollection never came to me again until the next day—I fell on my arm, and have not been able to lift it to my head since—I recollect nothing after I was knocked down, until I found myself at home the next morning—I live at Barnet—the prisoners were taken into custody, I think, about seven or eight days afterwards; and when I went to the police station to see them, my recollection had not rightly recovered, and my eyes were so bad, I could not actually trust to them—I would not then swear to Miller, but I stated to the magistrate that, to the best of my belief, he was the man—I can now firmly swear he is the man—I never saw my watch again—I understand that my carpet bag was picked up, and brought to the station, but I know nothing at all about that.

Cross-examined by Mr. HOBRY. (for Miller). Q. Are you quite sure that you have got your recollection now? A. Quite sure; I have always told the same story that I have now—I never said that Miller took me round the waist—I say now that Miller is the man who came in front of me—I have not said so before to-day—(The witness's deposition was here put in and read)—that is the statement I made, with the exception of being seized round the waist—I did not state that—it was read over to me, and I signed it—it was after I sang out, "Police!" that I was knocked down—they tell me that I gave a description of the persons who assaulted me, but I do not recollect it——I was taken into the station of the Blackwall Railway after it happened—I afterwards gave a description of the parties to the police—there were three persons engaged in it.

MICHAEL MURRAY . I am a cooper's apprentice, and live at No. 5, Steven's-buildings,

Queen-street, Ratcliff. On the day in question, I was coming from a pawnbroker's shop in the Commercial-road, with a basket in my hand—I saw Mr. Harris coming under the railway arch in Rose-lane—he was just going into the arch, and I saw Williams come over, knock him down, and run away—that was the first that I saw—I did not see any watch taken—I did not see any other person—I know a man named Briney—I saw him at the corner; I suppose he was looking out.

Cross-examined. Q. You saw all that took place, did you? A. Yes; I saw Williams come up—I am sure it was Williams—I did not hear the prosecutor cry "Police!"—I told what I saw to a police sergeant—I did not see anything that occurred before Mr. Harris was knocked down.

Williams. He has been heard to say that he would lag me the first chance he had. Witness. That is not true.

COURT. Q. You were coming from the Commercial-road? A. Yes; Mr. Harris was coming towards the railway—I went under the middle arch, where the carts go, in the road—Mr. Harris was just going into the arch—I did not see him before any body touched him—as soon as I saw him, the blow was struck—there was nobody about him at the time—there were two more persons standing at the railway arch, and a man standing at the bottom, but they were a long distance from him—when he was struck, he lay down on the ground—he was very nearly knocked insensible—I was going to pick him up, but he got up himself, and was going away without his bag—I picked it up, and he came back for it—I knew Williams before, by sight, but not by name—I gave a description of him to the sergeant—I did not describe anybody else—he is the man that knocked Mr. Harris down.

ROBERT TIVEY . I live at No. 3, Susanna-road, Dorset-street, and am a rigger. On Saturday morning, 10th Jan., between 12 and 1 o'clock, I was talking with another lad, and we happened to turn round, and saw the old gentleman lying on the ground at the end of the court, and the prisoner with his leg across him—I cannot exactly say which prisoner it was, because he was off in au instant—but when the old gentleman was walking into the station, the other prisoner laughed as he was going in—I only saw one person close to Mr. Harris; the other one was a little way off, down by the court—that was Briney—I know Miller—he is the one that laughed, as the old gentle-man was going into the station—I know Williams by sight—I saw Briney, Miller, and Williams, all three together, before the robbery was committed—I cannot exactly say how long before—it was that same morning—I cannot say whether Williams is the man that I saw standing over the old gentleman—I cannot say who it was.

Cross-examined. Q. Did you see him knocked down? A. No; I saw him on the ground—I did not go up to him—one of the witnesses did, and led him into the station—I gave a description to sergeant Smith of the persons I saw about Mr. Harris, that same night—I saw the prisoners in custody a week afterwards, sergeant Smith fetched me to see them—he told me I was to pick out the one I saw laugh—the prisoners were in a room with a lot more—I picked Miller out—I did not pick out anybody else.

COURT. Q. The only man you saw meddle with the prosecutor was the man that had his legs between his? A. Yes; I do not know that man-Miller was on the other side of the road—he is the only man I know—all I saw him do was to laugh as the old gentleman went into the station, and when he got to the corner, by Massey's public house, he ran across the road and went down some street.

GEORGE BUDD . I live at No. 5, Phoenix-place, Ratcliff-cross, and get my

living by selling newspapers. On Saturday, 10th Jan., I saw the old gentle-man on the ground at the bottom of the arch, and I saw a person standing with his leg over him—I cannot swear which that was—I saw Miller when the old gentleman was coming into the station—he was on the other side of the road, and he laughed—I was talking to Tivey at the time—when Miller got to the corner, he took to his heels and ran—I saw Briney, as they call him, at the further end of the road, standing at the corner of London-street—I had seen all the three together about nine o'clock that morning, standing in front of Massey's public house.

Cross-examined. Q. Do you mean to say that you know all of them? A. Yes; I could not see the face of the man who had his leg over Mr. Harris—I was selling my papers at the station at the time.

WILLIAM SMITH . (police sergeant, K 28). I received information, and took the prisoners into custody on Sunday morning, the 18th, at a coffee house in High-street, Stepney—they were both in the same bed there—I took them to the station—they were charged with stealing a gold chain and watch from the person of Mr. Harris, in Rose-lane on the 10th of the same month—Miller said, "I was at Chatham at that time, and I have witnesses to prove it"—Williams made no remark.

Miller. It is false; I never said anything of the kind! Witness. I am quite certain he did; Potter, another constable, was present at the time, and the acting inspector also.

WILLIAM CHARLES POTTER . (policeman, K 212). I was at the station when the prisoners were brought there, I heard the charge stated to them, Miller said, "I was at Chatham all that day, and I can bring proof of it."

GUILTY .

(Williams was further charged with having been before convicted.)

WILLIAM CHARLES POTTER . (policeman, K 212). I produce a certificate—(Read: Middlesex Sessions, Nov. 28, 1853; John Daley, Convicted of larceny; after a previous conviction; Confined twelve months)—Williams is the person referred to—I was present at the time.

MILLER—GUILTY. Aged 20.— Four Years Penal Servitude.

WILLIAMS—GUILTY.** Aged 22.— Transported for Fifteen Years.

Reference Number: t18570202-321

321. JOHN STANNARD and JAMES DELLER , feloniously breaking and entering West Hackney Church, and stealing an iron chest, value 25l.; the goods of Thomas Davis Lamb, fixed; and 2 other chests, 1 flagon, 2 chalices, and other goods, value 120l.; the goods of Thomas Waller and another, wardens of the said Church.—Two other COUNTS., varying the manner of stating the charge.

MESSRS. SLEIGH. and GIPPARD. conducted the Prosecution.

ALFRED DRIVER MEREDITH . I am sexton of West Hackney Church, and live opposite the north side of the Church. On the evening of 30th Dec, a little before 7 o'clock, in consequence of what my two children came and told me, I looked towards the vestry room of the Church, and saw a glimmering light through the vestry room window—I sent for Thomas Williams, the beadle—I keep the keys of the Church—I took the keys, and went over to the Church with Williams, my wife, and the two children—I unlocked the outside back lobby door, and went into the Church—I locked the door again immediately—I then lighted a candle—I saw Williams go towards the vestry—he turned back, and said, "There is something up," or, "It is all up, let me out"—I let him out, and locked the door after him—I then went to the vestry room—it was dark at this

time—I did not find any one there—I found the iron chest wrenched out of the wall, and turned upside down, about four feet from the place where it had stood before—that chest contained the communion plate, a flagon, two chalices, two patens, and an alms dish—the churchwardens are Mr. Thomas Waller and Mr. John Carter—I had last seen the chest at 11 o'clock that same morning—it was then safe in its place—in the evening after we had discovered this, there were traces of violence on it; the lap of the door was forced off, and there were other marks—there are two doors to the chest; a lap of one folds over the other; that was wrenched off, and other marks made apparently by that lap having been used as a lever or crow bar, and there were marks of another crow bar, to get the lid open—the handle was wrenched off one of the doors, and also the escutchens from the keyhole—in consequence of what my little girl said to me, I came out of the vestry—I heard a noise towards the back door of the Church, and proceeded in that direction—when I got to the inner door of the lobby, I saw two men—Stannard was one, the other was a man named Cox, who has not been apprehended—they bad been trying to get out of the back door, but that being locked, they retraced their steps some few paces to the door leading down to the vaults, where they had originally entered—I did not go down after them, having no assistance—I had employed Deller the whole of that day in wheeling some earth away, about twenty-one yards from the back door of the Church, and Stannard I had employed for an hour and a half, from 11 o'clock in the morning till about a quarter to 1 o'clock, to assist me in fixing some stones, about fifty-one yards from the Church—I saw both the prisoners in custody about 11 that same night—I saw Deller in the vestry that evening; when I went in the second time, he came behind me; I was not aware that he was behind me until I heard him exclaim, "Dear me, what have they been doing?"—I then turned round, and was astonished to find him there—at that time no part of the Church was open by which he could have got in, no legal entrance—the way in which they had got in was through a grating at the east end of the Church; that was loose, and had been so for some time—it would be easy for any one to get in there if the grating was lifted out of its place; it only lay there by its own weight—the inner door of the lobby was broken open; I had seen it safe at 11 o'clock in the morning—besides the iron chest, there was a sheet iron chest taken from off a high cupboard, and a wooden chest from underneath the form, and placed on the top of the form; that had been opened, although not broken open—the table was moved out of its place—Deller had been employed on one occasion before this, assisting in decorating the Church with evergreens on Christmas eve.

Cross-examined by MR. RIBTON. Q. You say you saw Stannard in the Church in the first instance? A. Yes—I said to Him, u Hallo, hallo! I was about five feet from him—he then went down the stairs, into the vaults—I had a candle in my hand—he had no candle—my candle showed a light upon him; with that exception, he was in the dark—my wife was just close behind me—I believe she saw him—I knew the man that was with him—he is out of the way; his name is Cox—it might be some minutes afterwards that I saw Deller; the two men had got completely away before I saw Deller—I formed the opinion that the persons had come in by means of the grating—I do not know that I saw that grating particularly after 11 o'clock in the day—the grating leads into the vaults; there are no coffins kept there—there is a staircase leading from the vaults up into the Church—there are no steps from the grating into the vaults—you

are obliged to jump down—the height is about four feet six inches; the aperture is about two feet across, and rather higher than broad—the wall is three feet thick—it is rather a disagreeable passage—you must crawl on your hands and knees part of the way—there are three front outer doors to the Church, and one at the back; one pair; they are double doors—I examined all the doors that night after seeing these men; I found them all locked except the inner door; that had been broken open—that would be done by any persons who had come in by the vault—they could not have come in any other way without breaking the outer door, and that was in a sound state—the two men I lost sight of, must have got out by the same means by which they came in—it would not be more difficult to get out than to get in; I have tried it—it was about five minutes after seeing the two men, that Deller came behind me as I was in the vestry; I was not aware of his presence in the Church until then—he came up, and said, "What is all this about?"—no property was taken—I missed a piece of lead next morning, weighing about 7 lbs. or 8 lbs.; I had seen it safe about 11 o'clock that morning.

MR. SLEIGH. Q. When you went into the Church, you opened the door with a key; did you lock it after you? A. Yes, immediately I got in—when I let Williams out, I locked the door after him immediately—between the time when I first went into the Church and the time I saw Deller, I had not left any door open, so that any person could have got in.

COURT. Q. Had anybody got keys of any of the doors but you? A. No, mine are the only keys—I did not notice any mark about the grating showing that it had been recently disturbed—there are plenty of places in the Church where Deller could have been out of my sight at the time I saw the two men—I had not opened the Church since 11 o'clock in the morning—the clock man had the keys at 4 o'clock, but I was not at home then.

ELIZABETH ANN MEREDITH . I am the wife of the last witness. Previous to the night of 30th Dec. I had seen the prisoners about the Church yard—I had not taken very much notice of them, but I had seen them, and had spoken to Stannard that morning—I accompanied my husband and Williams into the Church that evening, when a light had been seen through the vestry window—I saw Stannard in the Church on that occasion, and I saw Deller afterwards, but I did not know that it was him at the time, until I saw him at the police office; when we were in the vestry, some one came up, and spoke to my husband, but I did not see who it was—I believe my niece gave the keys to the clock winder in my presence that afternoon—he brought them back to me, and I then asked him the time—he said, "Seventeen and a half minutes past 4 o'clock M—when he comes to do the clock, we generally ask him the correct time.

Cross-examined. Q. Have you ever been down this grating? A. No; I have been near it, in the vaults; the furnaces were there; I could get through it; there is sufficient room—I saw the light in the vestry window in the first instance when the children came to the door—I went over to the Church with my husband—I was a little alarmed, but I did not know whether there might have been any fire—we had had a wedding in the morning, and there had been a little fire left, but I found it was out—as soon as we got in at the back door, we heard some one running up the north aisle towards the front door—I do not believe in ghosts—I could not see at that time who the persons were—I was behind my husband when they passed us—he had a candle—I do not know whether he was frightened—I

could see Stannard—I could not tell who the men were then, but, while they made to the front door, we went to the vestry to see that it, was salt, and the men, finding they could not get out at the front door, came back again, and got down the steps leading into the vaults—I could then recognize Stannard; I can swear that it was Stannard—I did not know his name then, but I knew him by seeing him, and I had spoken to him in the morning—I do not know that I told my husband that he was the man that had been working about the Church—he saw the men as well as me—as soon as the men went below, my husband let me out, and I ran and called for the police—after a little time I came in again—we then went and made search round the Church; and when we went into the vestry, Deller came in behind us, but I did not see him at the time—the only time the keys were out of my possession that day was when? the clock winder had them; that was from 4 o'clock till 17 minutes past 4—we keep them hung up in our own room—they could not have been removed for half an hour without my knowing it—I have one servant, a niece, named Myrtle; she is twelve years of age; I believe she gave the keys to the clock winder in my presence ¦—she would not have given them to anybody else-—I did not keep my eyes upon them all day, but they could not have been ten minutes out of my sight.

RICHARD RAYFIELD . I am in the employment of Messrs. Thwaites and Heed, clock winders, Clerkenwell I attend to the clocks of West Hackney Church, and wind them up—there is a clock in the tower, and a timepiece In the vestry room—on Tuesday, 30th Dec., I went there about 2 minutes to 4 o'clock—I received the keys of a niece of Mrs. Meredith's—I unlocked the lobby door of the Church, went in, and locked it after me—I found the inner door standing halfway open—I heard a noise in the vestry—I knocked at the door—there was no answer, and I opened it—Deller came out, and asked me if I had seen Mr. Meredith—I said, no; I had seen his son as I came up the path—he then said, "How did you get in?"—I said, with a smile, "The right way"—he said, "What do you say you have come to do?"—I said, "To wind the clock"—he said, "Oh, come in"—I went in and wound the clock; and when I came out he pushed open the door, and followed me out-—turning my head, I saw another man, with a dark cap, in the corner—he made way to allow me to pass him—we went down the aisle of the Church together; before we reached the front door of the Church, he said, "I wonder where that Meredith can be"—I said, "I don't suppose he will be long, as you are here waiting for him**—we went up the staircase together, into the tower—he said, "I suppose you are going to do the other"—I went up the ladder to the clock, and Deller went down the stairs—I then wound the clock and set it right, came down again, took my coat from the front of the communion rails, took up my bag and the keys, unlocked the lobby door, and went out, and locked it, and returned the keys to Mrs. Meredith, at 17 minutes past 4 o'clock.

Cross-examined. Q. You say you found the inner door open; in what way? A. Standing about halfway open—no damage was done to the door—I am sure of that—I very often find persons in the Church when I go in—I judged that Deller was a workman the same as myself—he had his shirt sleeves tucked up—I said, "It is only the clock winder"—I had never seen Deller before—it was not dark; I had no candle, nor had Deller—the policeman afterwards took me to the police court to see if I could recognize the party I had seen in the Church—he said there were two parties taken, charged with breaking, into West Hackney Church, and asked if I could

recognize either of them to be the party I had seen in the Church—they were then in custody in a cell, with three or four others—I recognized Deller—I picked him out—I cannot speak to the other.

FREDERICK ROUND . I am the gas and lamp lighter of the parish of Hackney. On the afternoon of 30th Dec, about 3 o'clock, I was passing the Church, and saw Stannard walk down the north side of the Church, and lift up the third grating—he put it down again—the other prisoner was close to him when he did that—they then left the grating, and went round towards the back of the Church, and I saw no more of them.

Cross-examined. Q. Were you going through the Church yard? A. No—we muster at the Church gates to meet our foreman, and I happened to be there first—it is about fifty yards from the gate to the grating—the policeman afterwards told me that he had two men in custody, and I was taken to see them—they were in the waiting room at Worship-street, with two or three more—I said these were the two I saw lift up the grating—I was there the week before the clock winder—there was another man, named Cox, whom I saw go down the Church yard after them.

GEORGE LANGDON . (police inspector, N). On the evening of 30th Dec, after seeing Meredith, I went to Sandford-lane, Stoke Newington—I found Deller there—I left him in charge of Bovis and Williams, and went out into the lane—I met Stannard about half way down the lane, coming towards, his lodging, where I had left Deller—I followed him up to the door, and said, "Do you live here? is your name Stannard?"—he said, "No, I do not"—I said, "I shall take you inside; I want some one to see you"—I took him inside, and Williams, the beadle, said, "That is the man"—I then told him that he was charged with breaking and entering West Hackney Church—he paused for a second, and said, "You are mistaken, my friend; I know nothing about it"—there was a female there that he wanted to have some conversation with, and I prevented it, and took him into custody—I afterwards examined the gratings on the north side of the Church—I found the third grating had been forced up, and the brickwork also, from where it had been fixed—I found the grating on the east side had been turned over on to the path—that did not appear to have been fastened like the other; the other had been fixed in, and soldered on to the brick-work, and that had been completely forced off—I examined all the gratings round the Church—I found that four of them had been loosened—there were marks of a crowbar on the one on the north side.

Cross-examined. Q. How long after this affair was it, that you went to Stannard's place? A. I had the information about 8 o'clock, and I think it was about a quarter to 11 o'clock when I took' him into custody—I do not know what he is.

THOMAS WILLIAMS . I am the beadle of the church. I accompanied Langdon—when Stannard was brought in, I looked at him twice—having had his whiskers cut off, I did not identify him at first, but I had a second look, and I said, "That is the man," from the description the sexton had given.

Cross-examined. Q. You did not see anything of the men in the church? A. No, I identified the prisoners from the description the sexton had given me.

The statements of the prisoners before the Magistrate were read as follows:—Stannard says, "I was coming past the church at half past 11 o'clock in the morning, when I saw Deller, and he told me to stop a minute, Meredith would be here directly, and he thought he would give me a job; I stopped, and Meredith came up, and I asked him, and he gave me a job to

lay stones down; we staid and did it, and Meredith took us over to a public house, and paid us; we staid there till 3 o'clock; I came back to the Church along with Deller, and on going past, I certainly did lift up the grating; and I said to Deller, "Here is another little job that he might give us as well;"I am satisfied there is not room for a man to get through that grating; Deller said, "I might ask him," but I said, "I shan't," and left the churchyard—I returned to the Church about 5 o'clock, and Deller went and got his money—he went homewards, and I went the London-fields way; I went to my sister's house; I got to my sister's at a quarter to 7 o'clock, and staid there till about 10 o'clock; I got home about 11 o'clock. "Deller says, "I am innocent of it")

A LFRED DRIVER MEREDITH. re-examined. The inner door was broken open; the plate that the bolt of the lock shoots into was broken in two, and forced away, and was hanging down; and there were marks of a crowbar—it had been forced from the outside, from between the two doors—I had seen it safe that morning. (The prisoners received good characters.)

STANNARD— GUILTY . Aged 24;

DELLER— GUILTY . Aged 20.—Strongly recommended to mercy by the Jury, in consequence of their previous good characters.— Confined One Month.

Reference Number: t18570202-322

322. JOHN COOPER , robbery with violence, on John Thornton, and stealing a watch, his property.

MR. ROBINSON. conducted the Prosecution.

JOHN THORNTON . I am a seaman, lodging at No. 7, Star-street, Shadwell. On 22nd Jan., between 7 and 8 o'clock, I was walking along Chigwell-hill, St. George's—somebody came behind me, gave me a poke in the lug (the back of my head), sent me down in the street, and then fell a'top of me—I was two or three seconds before I could recover myself, and when I did, I found the prisoner with his hand in my pocket—I sung out, "Murder!" and "Police!"—I had no sooner sung out, than a young woman flew from a house on the other side of the street, and fastened on the prisoner—she held him till I got up—the policeman came up, and he was given into custody—I missed two or three shillings from my pocket—he succeeded in getting my watch—while he was pulling it, I put my hand on my pocket, but he tore it away, and drew it through my waistcoat; tearing off the buttons—this is the watch (looking at it)—while I was down, the prisoner kept his knee on my belly, or side, so that I could make no resistance—I did not receive any blows while I was down—the prisoner dropped the watch, and a witness picked it up.

ANN WRIGHT . I am single, and live at No. 5, Chigwell-hill, St. George's. On the night of 22nd Jan., I heard cries of "Police!"—I went out, and saw the prosecutor on the ground—there were three men—the prisoner was one of them—I took hold of him, and held him till the policeman came—the others ran away—when I first saw the prisoner, he had one hand in the prosecutor's pocket, and the other on his chest—I saw him take the watch from the prosecutor's pocket, and put it in his own pocket; and when the next witness came up and helped me to hold him, I saw him take it out of his pocket again, and fling it down by the side of him—Mr. Wilson picked it up.

JOSEPH WILSON . I am a seaman, lodging at No. 5, Chigwell-hill. I heard cries of "Police!" and ran out after Miss Wright—I saw the prosecupor lying on the ground—Miss Wright had hold of the prisoner—she held him till I came out—I secured him—-be struggled a great deal, and tried to

get away, but I put him down and held him—he dropped the watch, and I picked it up, and took it to the station.

JOHN HORNE . (policeman, K 283). I found the prisoner in the custody of Wilson and Miss Wright—I took him into custody, and received this watch from Mr. Wilson, at the station.

GUILTY . Aged 22.— Four Years Penal Servitude.

(The COURT. directed a reward of 10l. to be paid to the witness, Ann Wright, for her courage in securing the prisoner.)

NEW COURT.—Friday, February 6th, 1857.

PRESENT—Mr. Ald. COPELAND.; Sir WILLIAM MAGNAY., Bart., Ald.; Mr. RECORDER.; Sir HENRY MUGGERIDGE., Knt., Ald.; and Mr. Ald. ROSE.

Before Mr. Recorder and Seventh Jury.

Reference Number: t18570202-323

323. ROBERT HUNT , stealing 104 lbs. of silk, value 128l.; the goods of Henry William Eaton.

MESSRS. BODKIN. and TINDAL ATKINSON. conducted the Prosecution.

WILLIAM PARKER . I live at No. 79, London Wall, and am carman to Samuel Tyrrell, who is porter to Mr. Eaton, of No. 33, Old Broad-street. On Tuesday afternoon, 13th Jan., from 5 o'clock to half past, I had some bales of silk in my possession, in wrappers, in a covered van—I took the van to Little Love-lane, Wood-street—I stopped at a warehouse, and unloaded ten bales there out of thirty-three that I had got—they were delivered on a man's back from the back of the van—I did not leave the van a moment—I was inside it, to put the bales on the man's back—the van was not there more than 10 minutes—it is always my practice to fasten the back of the van up after delivering goods—I did so on that occasion—I got out of the van, and went to the back to fasten it up—I then got on the van, and looked for my whip—I could not find it—I looked about and found it about ten yards up the lane—Mr. Eaton's porter was with me—while feeling about for my whip, I missed a bale of silk from the corner of the van.

JOHN TYRRELL . I live in Hill-street, and am porter to Mr. Eaton, of Old Broad-street. Parker is the carman I generally employ—I was at the East India Company's warehouse when twenty bales of silk were placed on the van, twelve of them were numbered from 62 to 74, and marked "S S" in a diamond—I followed the van to Broad-street, and received ten more bales there to take to Little Love-lane—when we got there we turned round, and the front of the van was toward Wood-street—I assisted Parker to carry the bales into the warehouse—I was very late that night, we were in a very great hurry—when I came from the warehouse I walked up by the side of the van while Parker fastened up the hind part—he then got up in front, and missed his whip—I said, "Never mind your whip, as we are so late "—he immediately exclaimed that the bale was gone—I referred to the numbers, and the one missing was No. 74.

JOHN MORLEY . I am fifteen years old, and am in the employ of Mr. Phillips, of Basinghall-street. I was in Wood-street when the van was there—I was in Mr. Johnson's cart towards Mr. Strutt's door—I saw the van come up to Love-lane—it was about half past 6 o'clock—I saw one

bale taken from the front of the van—one man got on the shaft, and put the bale on another one's back—they went down Wood-street towards Gresham-street—I saw a chaise cart pulled up against Little Love-lane—there was one man in it besides the two men that I have mentioned—they put the bale into the chaise cart, and drove off—I could not exactly see how many men were in the cart when it drove off—it was dark at that time.

ROBERT PACKMAN . I am a detective officer of the City police. From information, I went on Tuesday, 13th Jan., to Mr. Eaton's warehouse, and on Friday, the 16th, between 4 and 5 o'clock in the afternoon, I went with Bull to Spital-square—I saw the prisoner in White Lion-street—he had this parcel—there was no one with him—he went into a public house called Job's Castle—I and Bull, who were both in plain clothes, went in after him—he had some refreshment, and some conversation with some other persons, who asked him if he had got silk in the parcel—he said, "Yes; a piece of silk;" the persons said, "Silk is going up "—he said, "Yes; it has got very much dearer of late "—he left the house, and I and Bull followed him—he walked through various streets till he got to Bishopsgate-street—he called a cab, and got in—we called another cab, and followed him—he went to No. 14, Hatton-garden—when he alighted we alighted, and as he was going in at the door I took hold of his arm, and said, "We are two police officers, is that parcel your property?"—he said, "It is"—I said, "I think it contains silk, does it not?"—he said, "It does"—I said, "I believe it is stolen property; how do you account for the possession of it "—he said, "That is my business "—we went into the house, and he went into the back room on the ground floor—there is a cupboard in that room, which forms something like a dresser—on entering the room I saw an immense quantity of silk lying on that cupboard—I said, "Here is the remainder of the silk we are looking for"—it was covered with part of a newspaper—I said, "How do you account for the possession of this "—he said, "I shall answer no questions "—I said, "You may consider yourself in custody for being in possession of this silk, and not giving a satisfactory account of it; we believe it to be stolen property, you have an opportunity of telling us who you received it of, if you think proper to do so "—he then said, "I received it from a person of the name of Bacon "—I said, "What Bacon?"—he said, "Bacon, of Anchor-street, Spitalfields; it was left here on Wednesday afternoon; I was not at home "—I asked him if he had seen Bacon since that time, since the silk had been left—he said that he had, and he was going to sell it for Bacon—Bull took possession of the silk, and I took the prisoner to Moor-lane station.

Cross-examined by Mr.RIBTON. Q. Do you know Mr. Thorpe? A. I do know the name of Thorpe—I had not been to Mr. Thorpe that morning—I had the day before, in the afternoon—before I went to the prisoner I had gone to Thorpe's—I saw a parcel of silk which I heard had been left by some person—I had not a communication with reference to that silk from Mr. Thorpe; another officer had—it was partly in my presence—it was subsequent to that that I began to watch the prisoner—I saw him near Spital-square—he was carrying this parcel under his arm—I did not see him take it away from Thorpe's—the parcel was not quite closed—I was able to see that it contained silk—I believe that was the only time I ever was in the Job's Castle; it has the appearance of being a respectable public house—I do not know anything to the contrary—the prisoner went into the parlour—I believe there were four or five persons there—they

appeared respectable persons—he had been sitting there two or three minutes before one of them asked him if he had got silk—he laid the silk on the table, and one said, "Is that silk you have in the parcel?"—it appeared the prisoner was known there—he remained there from twenty minutes to half an hour—Bull and I had a cigar, I believe, and brandy and water—we followed the prisoner from there for a quarter of a mile—he got into a cab, and we got into another and followed him—he got out at his own door in Hatton-garden—the first word I spoke to him was, I told him we were police officers—he was still carrying the parcel in the same way; he was just going into the house with it—I saw his wife, she is an elderly woman—there were no children—the prisoner went into the back parlour—we told him we wished to see his apartment—his wife went into the back parlour, and he followed her—the silk was there exposed—he said that he received the silk of a person named Bacon, who lived in Anchor-street, and I found Bacon there from the direction the prisoner gave me—the prisoner's wife said that the silk had been left there with a horse and cart.

MR. BODKIN. Q. What is the front of this house where the prisoner lives? A. A paper hanger and house decorator's—the prisoner occupies two rooms, one up stairs and the kitchen below—there is no appearance of business—it is quite private—my brother officer and I have talked about the communication with Mr. Thorpe—he is a silk dealer, and silk broker—where Job's Castle is, is a place where silk is carried about—it is a thing of daily occurrence; you may see it ten times in half an hour.

JOHN MARK BULL . (City policeman). I was with Packman, and saw the prisoner with this parcel under his arm, and followed him into the Job's Castle—he was in there about half an hour—he then went into Bishopsgate-street, and called a cab, he got in—Packman and I called another, and followed him to No. 14, Hatton Garden—he was about entering the house, and Packman told him we were two police officers, and asked if the parcel was his property—he said that it was.

Cross-examined. Q. At what period did you tell him you were policemen? A. Directly we asked him if that was his property, before we went into the house—I know Mr. Thorpe—I believe he is a respectable gentleman; I never heard to the contrary—he is a silk dealer, and has a large warehouse—I have been there—I did not see the prisoner come out there with a parcel of silk—I had spoken to Mr. Thorpe on the day we took the prisoner—I had not seen Mr. Eaton on the 16th—I went to Mr. Thorpe's from information I received from a person who came to me, who, I believe, is a friend of Mr. Eaton, not connected with the establishment—I saw a parcel of silk at Mr. Thorpe's; I cannot say that this is it.

HENRY WILLIAM EATON . I am a silk broker, of 33, Old Broad-street. I have silk consigned to me for the purpose of sale—this is China silk—I went to the Company's warehouse to look at it—I received thirteen bales, from No. 62 to 74; I examined the silk myself—it was like the silk that is here—I have seen the other silk—I examined the bulk of the silk—this bale is damaged—I know from the return from the dock warehouse, that no bale was damaged except the bale No. 74—I examined the others, and ascertained that they were not damaged—this silk is damaged—the value of the silk that is missing is about 128l.

Cross-examined. Q. Is that which is before you what is called a bale of silk? A. No; a book—there are twelve books in each bale—the book that is near me was taken from the prisoner—in this particular bale there was a chop ticket of the whole—this being damaged corresponds with the

return from the dock warehouse—I can swear this was my property—the evening it was stolen, I cleared from the docks the number of bales, and this bale was stolen—we received the whole from the docks, and missed one bale—by this ticket I can identify it as the silk that was lost—there is the damage in this bale—I must take it from the returns that it was damaged—this corresponds with the bale that was stolen in its general appearance—I am not the only person to whom silk is consigned—if silk of the particular chop had been consigned to another dealer, it would be the same as this—I know Mr. Thorpe; he is quite a respectable man—he is in a moderate way of business—I sent a friend of mine to the police station—I sent one of my clerks, named Gilligan, to Mr. Thorpe's warehouse.

MR. BODKIN. Q. Since this has been discovered, have you seen a card or paper? A. Yes, it was shown to me by Gilligan, one of my clerks—I had not seen that particular paper before—Mr. Thorpe called, and told me he had had some silk offered him for sale—he did not say by whom—I saw Mr. Thorpe on Wednesday or Thursday morning.

WILLIAM PEPPER . I live in Nichol-street, New North-road. I am a fore-man in the East India Company's service. In Nov. the Company received nineteen bales of China raw silk, marked S S N in a heart, Nos. 56 and 74 inclusive—I examined the whole of those bales—our practice is to take out the damaged books, and put them into the last bale—that was done in those bales—there were six damaged books put into the bale No. 74—this book in the paper which the officer took from the prisoner, I pronounce to be the least damaged—here is another damaged book, similar to the one I saw damaged in the bale No. 74—these others are of the same character.

Cross-examined. Q. Have you much to do with silk? A. Yes, during the whole of the warehouse hours—I have been twenty years in the up warehouse—I have in a week 400 or 500 bales of China silk, but varying in kind and quality—I can tell when silk is of the same chop—silk of the same chop would be of the same kind and appearance, supposing the books not to be damaged—this came by the overland route from India—the damage was done in the transit—that is not uncommon—in every cargo I receive, I examine each bale, and seldom fail to find a book damaged more or less, and the damaged ones are put into the last bale—if there were more than twelve books, we should put the most seriously damaged in the last number—it may be damaged by sea water, or by the camels in coming across the desert—the damage to the silk all proceeds from the same cause—this was consigned to Mr. Springfield, I believe—the parties that buy the bales would send for them—the delivery is not my department—I have only the damaged books to enable me to say that those bales were examined by me—if the silk were the same, and the damage the same, these books might belong to other bales—I know those I put into 74 came from those bales.

JAMES EDWARD LOVELL . I am delivery foreman at the East India Company's warehouse. On 13th Jan. I delivered thirteen bales of silk, marked S S N in a heart, from No. 62 to No. 74, and on No. 74 there was a star, that it was damaged—this silk before me is damaged.

BENJAMIN BACON . I live at No. 1, Anchor-street, Bethnal-green. I know the prisoner—I did not, on Wednesday, 14th Jan., take a bale of silk to his place, in Hatton-garden—I saw the prisoner that day, at my shop, where I sell bobbins of silk—I saw him between 1 and 2 o'clock—there was no one with him—he told me he had got some silk that would suit me—I said that I would come and look at it—I went and looked at it

between 4 and 5 o'clock, the same afternoon—I went to Hatton-garden, and saw some silk like this—I should think there was 40 lbs. or 50 lbs. weight of it—it was on the counter—he asked me 14s. a pound for it—I said that it was no use to me, I could not use it.

Cross-examined. Q. What are you? A. A bobbin silk seller—I have had a shop nearly twenty years—I deal in silk—I have known the prisoner sixteen or seventeen years—he has sold silk for me at various times—I am not always in my shop myself—when I am not there, my daughter attends to it, no one else—my wife is alive—she is very seldom in the shop; she never does anything with buying or selling—there is a parlour behind my shop—my wife is generally sitting there—I have no servant—I am out a good deal during the day—my daughter is very often in the shop at the same time that I am—I keep a horse and cart—I was in trouble about the purchase of some silk—that is, I am certain, more than twenty years ago—I did say that it was fifteen years ago, but I had forgotten it—it was not that some silk which had been stolen was found in my possession—it was an information I do not know for what—an officer came, and took away my silk—I had a great quantity, a couple of hundredweight I dare say—I had no bales—I do not know what is the weight of a bale, they differ so—I have not been in the habit of buying bales this eleven years—the silk taken from my place was of different colours, dyed silk—the silk was taken, and I went before the Magistrate with it—I have been living at the same place since—the prisoner has frequently sold silk for me—I believe he sells on commission—I never was in prison—I had the misfortune to be a bankrupt about thirteen years ago, as nigh as I can recollect—I was examined before the Bankruptcy Court—I did not get my certificate—I was not sent to prison—there was no charge against me of having concealed some property from my creditors—I cannot tell how it was that I did not get my certificate—for the last thirteen years I have been an Uncertificated bankrupt—I have not done a large trade since—I never passed the Insolvent Court—my debts, at the time of my bankruptcy, were 400l. or 500l.—I have not paid a farthing to any of my creditors since—I sell silk over the counter, nothing else—I do not deal with any wholesale houses—I generally buy my silk of Mr. Shears, a man who deals largely in silk—he lives at Cambridge-heath; he keeps a warehouse—I bought of him three or four months back—I keep no books at all; no account books of what I purchase or sell—I am no scholar—I cannot tell any one besides Mr. Shears that I have bought of lately—I do not buy job lots of any strangers that offer them to me-—of course I know the persons—I should not buy of a stranger—I have done so—if any person comes in, and offers silk, I make a purchase if I can buy it—I give a fair price—I do not give a receipt—I take it over the counter—I do not enter it in any book—I do not take the names and addresses—I get no invoice.

Q. Since this transaction, twenty years ago, have the police called on you? A. Yes—if anything is lost in the trade, it is a frequent thing for them to call, and leave a bill there, in case it should come in—on that Wednesday, when I went to the prisoner in the afternoon, I swear he called on me first between 1 and 2 o'clock—I had done dinner some time—he did not go into the parlour—he merely sat down in the shop—he was not there five minutes—he staid five minutes, and went away—after that I called on him—I should think it is two miles or more from my house to his—I was away from home a couple of hours or more—during that time my daughter was obliged to attend to the shop—I did not tell any one I

was going to the prisoner's, to see some silk—it was between 4 and 5 o'clock when I called on him—I did not go in my cart, I walked there, and walked back—I should think that would be walking more than four miles—I saw his wife there, and saw the silk—I did not express surprise at seeing such a quantity—when I was in the habit of dealing largely, I have seen a great deal more than that at Mr. Drago's, in Broad-street, a silk broker—I used to purchase silk of him—the prisoner asked me 14s. a pound for the silk, but it was no use to me—I do not know the value of raw silk—I do not know that 14s. a pound is considerably under the value of it—it is silk that we do not use—I have never dealt in this sort of silk—I have dealt in thrown silk—I did not say anything to the prisoner about the price—I have known him some years—he knows the business I am in, and has sold silk for me—I do not know whether he knew that I did not deal in this sort of silk—I merely looked at it when I saw it, and said that it would not suit me—I did not ask him where he got it—his wife was present; she was the only one present—I do not know whether the prisoner sold on commission—he has paid me for what he bought over the counter—he sold silk for me three or four months ago—I do not know where he sold it—the amount he sold it for was 28s. a pound, I believe—he did not bring me an invoice—it was silk that I had bought, and dyed it for sale—I cannot tell how soon after 1 bought it, it was sold; it may have been a few weeks—I gave him a price, and he bought it—he sold it for me—I charged him 28s. a pound—if he had not got the money, I would have let him have it—that is what I call selling silk for me—he has frequently had silk of me without paying the money at once—I do not know anything about his circumstances—I was not afraid to trust him—I did not, when I saw this large quantity of silk in his house, ask him where he got it—I made no inquiry at all.

MR. BODKIN. Q. What silk is it you deal in? A. Thrown silk; fit for work—I never had any dealings in raw silk—when the prisoner called on me on the Wednesday, my wife and daughter were, I think, gone up stairs—they were not in the shop at all during the five minutes that he was there—I keep a horse and cart—it was out on that Wednesday—I did not go with it—my man did—his name is Smith—he is here—when I went before the Justice, the officers came, and took away all my silk, and I went with it—the silk was returned back by the Magistrate, and I was at once released—there was no charge made against me—I cannot read or write—when I have sold silk to the prisoner, either on credit or for money, the amount has been 3l. or 4l.—the last transaction I had was two or three months ago—we generally know something of persons we buy silk of, by their coming to the shop frequently—it is part of my business to dye silk and sell it.

MR. RIBTON. Q. How long has Smith been with you? A. Going on for eight years—he is in the habit of going out by himself—I know he was out with the cart that day—I was at home—he went out at half past 8 o'clock in the morning—he went to a wadding manufacturer in Thomas-street, to take his goods out—the cart was hired out that day by the wadding manufacturer—it was out all day, till half past 4 o'clock—I know that, because he paid the money—I was not at home when he came home—he paid the money to my daughter—he was out eight hours, and received 8s., 1s. an hour—he had been out the day before, and he was out the day after—he is out little or much every day—I am sure of the day of the month we are speaking of—it was the 14th—I do not know whether

he had been out all day on the 13th—I cannot tell whether he was out all day on the 12th—I have not been asked about this before—I recollect this was on the Wednesday—I should not have remembered this unless my man had recollected where he had been that day—I asked him if he had been out on Wednesday—I sent him to the parties he had been with, and I have seen them myself—it is in consequence of inquiries I have made of the wadding manufacturer and my man, that I am able to speak to the cart being out on that Wednesday—I think I did not speak to my man about it before Tuesday last—I should not have thought anything about it, but the officer asked me where my man was with the horse and cart that day—I was before the Magistrate, and was bound over to appear.

NATHAN SMITH . I am acting as carter or carman to Mr. Bacon, and have been doing so for seven or eight years—my attention has been called to Wednesday, 14th Jan.; on that day I was out, taking wadding out for Mr. Godding, a wadding manufacturer—I went about half past 8 o'clock in the morning—I had Mr. Bacon's horse and cart—I was employed at that for three hours and a half—I then went with Mrs. Carley, to Edge-ware-road—I went at half past 12 o'clock, and came home at half past 4 o'clock—I put the horse and cart in the stable—I did not receive any money, they generally pay it but once a week—I gave an account of what I had been doing to Miss Bacon, in doors.

Cross-examined. Q. You were not examined before the Magistrate? A. No—I cannot say when I was first asked about this—I cannot say who first asked me about it—I cannot say whether it was a month ago—I cannot say what I was doing on the Monday in that week—sometimes I do not go out of the stable at all—I was doing nothing on the Tuesday—I cannot say what I was doing on the Thursday—I do not recollect what I was doing on the Friday—I give an account in every night what is done—on the Wednesday I left at half past 8 o'clock—we notice the time, because we do it by the hour.

MR. BODKIN. Q. Have you been to the wadding manufacturer's lately, to inquire about this? A. No—I know about that day, because we have got it down in the book; I have been looking at that—I did not go to Hatton-garden on that day at all.

COURT. Q. Who keeps the book? A. Miss Bacon—she puts it down every day—the book is not here—Miss Bacon is not here.

(The prisoner received an excellent character.)

NOT GUILTY .

Reference Number: t18570202-324

324. ROBERT KAY BUTLER , unlawfully obtaining 10l. by false pretences.

MR. METCALFE. conducted the Prosecution.

HENRY LOXDALE . On 1st Nov. the prisoner came to me—I was at that time starting a paper, the West Middlesex Advertiser—it appeared for the first time on that day—it depended upon Pimlico, Brompton, and that neighbourhood—the prisoner came and brought one of the papers with him—he stated that he was the sole collector of advertisements for Mr. Smith, in the Strand, and that he did business for them to the amount of some thousands—he offered to purchase the first part of my paper, and give me 5l. a week for it, for the profits on all advertisements—I declined that—he then asked me if I would engage him on the percentage plan, to collect advertisements for me at 20 percent., and to pay every Saturday for the money he brought in, I agreed to that—on the 15th he called again, and asked me for a cheque in advance—he told me Messrs. Smiths owed him 600l. or 700l., and as he could not go to town on the Friday, he asked me for a cheque on account—I gave him a cheque

for 10l.—I was induced to give it him from the representation he made that Messrs. Smith owed him the money, and that it was inconvenient for him to go on Friday, in consequence of his appropriating his time to collect advertisements for my paper.

Cross-examined by MR. RIBTON. Q. I believe he gave you a receipt for the cheque? A. Yes, I believe my solicitor has got it—the cheque has been cashed and returned—I believe the prisoner collected advertisements for me the first week to a very trifling amount—my wife always kept the account with him—she had one book, and the prisoner had one—5l. 8s. was the total amount he brought in—that was the whole amount of cash—he brought in the advertisements he had got, and they appeared on the following Saturday—he brought no account further than when they were paid, and they were scratched off from my wife's book, and from his book—my wife is here, and the book is here—during the five or six weeks he was with me, he only paid in 5l. 8s. in money—the persons were desired not to pay without a printed receipt—I cannot tell the gross amount of advertisements he brought in—several of them were false—I applied to the persons, and found them false—when I had reason to doubt his correctness, I sent out bills, and then discovered this fraud altogether—there are several persons here who paid him, and he never handed the money over to us—he gave me this receipt at the time I gave him the 10l.—(read:"Received ten pounds on account of my commission for collecting advertisements.")

Q. Suppose the money had been paid, what would you owe him? A. The amount of the advertisements he received was about 10l., and he had paid in 8l. 5s.—he would have been entitled to his commission on that amount; but a great many advertisements were inserted which were not paid—a great many of them came in previous to my seeing the prisoner—all that we have received, amounts to upwards of 30l., but some of them he did not bring—I cannot tell what was due to him for what he brought in—I saw it would be complex, and I stated that he should have his commission weekly.

Q. But this 10l. was a loan; unless he had been engaged to collect advertisements, you would not have thought of giving him 10l.? A. No; I considered that he would earn that, and I should have stopped it out of the money he gained by commission—there was not an advertisement to be inserted for twelve months, except the false ones which he brought in—on 16th Dec., he asked me for the loan of 15l.—I said that it was preposterous to make that request, he had had 10l. from me, and 10s. from my wife—he did not apply to me for money due to him till after this—when he applied for the 15l., I said, "Let the 10l. run out, and then we will settle every Saturday"—I would not have given him the 10l. if he had not been collecting advertisements.

MR. METCALFE. Q. Would you have given it to him if he had not led you to believe that there were 600l. or 700l. due to him? A. No—there would have been a few shillings due to him then—he paid in 8l. 15s., and has received upwards 10l., for which he has not accounted—he accounted for 30s., out of the 10l.—he received 8l. 15s., besides the 10l. and the commission, he would be entitled to amounts to about 30s.—my wife was upstairs in the bedroom at the time he made this pretence—I went up for my cheque book, and told her the circumstance.

ELIZA LOXDALE . I am the wife of the last witness. I heard the statement made by the prisoner when he came to our house on 1st Nov.—he said he was the sole agent for Mr. Smith, the great newsvendor in the Strand,

and he should like to purchase the front of the paper for advertisements, which Mr. Loxdale declined—he then said, "I will collect advertisements for you for 20 per cent.," which was agreed to—I was not present when the cheque was given.

FRANCIS MOORE . I am in the employ of Messrs. Smith, in the Strand. The prisoner did collect advertisements for them; it is not true that he was their sole agent, or sole collector—it is not true that they owed him 600l. or 700l.—they owed him no money—there would have been a small sum due to him in May next, 15l. 6s. 8d.—there was no money due to him at that time—he had been paid in advance.

Cross-examined. Q. How long had he been there? A. I think about four years—we have four agents—I cannot tell the amount the prisoner received, it did not come under my notice—he was considered a very active young man—there is no one higher than another, they are all the same.

NOT GUILTY .

Reference Number: t18570202-325

325. ROBERT KAY BUTLER was again indicted for embezzlement.

MR. METCALFE. conducted the Prosecution.

HARRIET RICHARDSON . I am a staymaker. The prisoner called on me, and solicited advertisements for Mr. Loxdale's paper—I put an advertisement in the paper—the prisoner brought the paper, and I gave him the money, 3s.—he gave me the receipt—here are four receipts he gave me, Nov. 15th and 22nd, Dec. 6th and 13th—I gave him four different 3s.

WALTER KNOWLES . I am a boot maker. I gave the prisoner advertisements, and paid him 12s. for four advertisements—here are the two first receipts he gave me; the last two I have lost—these are for the 8th, 15th, 22nd, and 29th Nov.—I paid 3s. a week for four weeks—I gave one advertisement every week—these are both the same date—I paid the two on the 29th, 6s.—I paid on the Monday, and I paid two other for the following weeks.

Cross-examined by MR. COOPER. Q. You saw the advertisement before you paid? A. Yes—anybody who had looked would have seen it—Mr. Loxdale, or any one, would have seen it—I do not know whether the advertisement are numbered—I was to continue it every week, and gave the prisoner the order—he came and canvassed me in the usual way.

LOUISA JANE LEWIS . I keep a fancy repository. I paid the prisoner for two advertisements, half a crown each time—here are the receipts; one is Dec. 6th—I paid him during the following week.

Cross-examined. Q. You looked for the advertisements? A. Yes—I saw both of them—I saw that I had what I paid for.

HENRY LOXDALE . I engaged the prisoner as my collector for advertisements, and to collect the money due on them—he has not accounted, as far as I know, for the sums paid by Miss Lewis and Mr. Knowles—my wife had the management.

Cross-examined. Q. As what did the prisoner come to you? A. As general collector—he had to collect advertisements, and he was to have 20 per cent.—he has been four times at the police court to meet this charge—he was under recognizance—I do not know that he belonged to Butler, White, and Co., of St. Martin's-lane—he was to settle every Saturday for all the money he had received—he came, and had an interview with my wife—they erased the advertisements that had been paid, and he professedly handed over the money—it was his habit to come and settle every Saturday—when he first came he was to get all the advertisements he could, and to

have 20 per cent, on all the money he received—that was part of the agreement—he has always asserted to me that he handed over every farthing he received.

MR. METCALFE. Q. Was he to retain any part of these? A. No, to hand over all the money he received—I do not believe there is such a firm, as has been named in St. Martin's-lane—I have been to persons from whom, he professed to bring advertisements, and found there were none such.

ELIZA LOXDALE . The prisoner has never accounted to me for the sums paid by Miss Lewis—I never received any from her—I received 5s. from Mr. Knowles—I have received more since, but not till the prisoner had left—I never received the other 7s.—all I have received from Mrs. Richardson is 6s.—she has paid 15s., but she is one receipt short—I have never received the other 9s.—I have asked the prisoner for sums of money, but when he came he has always appeared in a very great hurry—the last time he came in he brought in 18s—I said, "You are very short in your collecting"—he said, "Dear me, here is 18s.; I collect money for your bills, and cannot get my own"—I said, "I have nothing to do with that"—he said that I must let him have a sovereign—I said that I should not—he said that I must—I said that I would not—at last I let him have 10s.

Cross-examined. Q. Let me look at your book? A. Here are five or six columns; the top is the day of the month—in these we insert the advertisements—they are not all charged alike; it is according to the number of words—it is not a general rule to advertise, for persons who do not pay, but who will pay afterwards; sometimes for a friend of our own we might do it—when I have asked the prisoner for money, he has said that the persons would pay at Christmas, and he could not ask for the money till then—he only brought in 3l. 8s. in money—he paid 30s. on 13th Dec, but that would not pay all—he left it for me on the Monday following—I asked him who paid the 30s., that I might cross it off—he said, "No, I shall not do it now; I have not my book"—I saw his book, and I said, "You have it in your pocket; why don't you do it now?"—he said, I shall not do it now."

MR. METCALFE. Q. Have you received any money from him since 13th Dec.? A. No, and on that Saturday he received a great deal—he would not account for any the next week, I asked him, and he refused.

COURT. Q. Have you at any time asked him about money received from Miss Lewis? A. No—I did not name her—I have named Mrs. Richardson, and he said on 13th Dec. that he had not received any from her, and between the 6th and the 13th he said that he had not received any money from her, and she would not pay till Christmas—I cannot say that I asked him separately about Mr. Knowles—I asked him for several.

MR. COOPER. Q. Has he not claimed 15l. of you? A. Yes—he did not give any reason, but said that he wanted 15l., and 15l. he must have—that was about 16th Dec.—he did not name commission.

MR. METCALFE. Q. Did he say what he claimed it for? A. For the advertisements—on the Monday after the 13th, he came in, and asked for 15l., and a person came in from Robert-street, and said, "I came about that man; he has got a coat from a wardrobe, and we wish to know how he is going on?"

GUILTY .— Confined Twelve Months.

(There were several other indictments against the prisoner.)

Reference Number: t18570202-326

326. RICHARD FLEMING, WILLIAM KEYS , and ALFRED FLEMING , stealing 169 lbs. weight of lead, value 30s.; the goods of William Jones and another.

MR. LAWRENCE conducted the Prosecution.

WILLIAM JONES . I am a coffee house keeper in Cross-street, Hatton Garden. I know the White Horse Chambers in Fetter-lane—I am connected with them—on 30th Jan. I was on the back part of those chambers in the afternoon—I saw Richard Fleming cutting the lead off the sky light—he was on the roof of the chambers—I raised the window and asked him what he was doing—he said, "I am going to take this lead off and put new on, and going to take these tiles off and put new coating round here "—I said, "That is all nonsense, it has only just been repaired; what is your name?"—he said, "We are employed here for Chaplin, and have been for some years past" (we took these premises of Chaplin)—I went and spoke to Mr. Evans, who is the superintendent and manager, and when I returned with him, I saw Richard Fleming going across the roofs of the houses with the lead on his shoulder—Mr. Evans said to him, "Hey! where are you going with that lead?"—he said, "It is all right"—Mr. Evans said, "No, it is not all right, it is all wrong"—I then ran into Norwich-court and Mr. Evans into White Horse yard—when I got into Norwich-court I saw Richard Fleming with the lead on his shoulder on the top of the houses—I saw a policeman, and took him into one of the houses that I thought Richard Fleming was on the roof of—we came out of Norwich-court, and I saw Richard Fleming again in White Horse yard and gave him in charge—these pieces of lead were lying on the ground in the White Horse yard—this piece is like the lead that came from our premises—myself and Mr. Charles Pine are the proprietors of them—Richard Fleming had no authority to take any lead from our premises—I have not the least doubt that he is the man I saw on the roof cutting the lead—I examined the place the next morning, and all the lead had been removed from there—the lead had been cut all round a weathercock that was there.

Cross-examined by MR. GENT. Q. IS this the lead you found in the White Horse yard. A. Yes; I only saw one man carrying one piece—one man could not carry all this lead—I do not know how this lead came into the White Horse yard—when I found this lead, Richard Fleming was in the White Horse yard—this was about a quarter past 4 o'clock in the afternoon—it was not dusk—the houses are rather high.

Cross-examined by MR. SHARPE. Q. Who do you hold these premises of? A. Of Mr. Chaplin, of the firm of Chaplin and Home—I know he is not the freeholder—we have had them of Mr. Chaplin nine or ten months.

JOHN SUMSCOB . (City policeman, 216). I was called by Mr. Evans to the White Horse Chambers on 30th Jan., about a quarter past 4 o'clock—I went with him into a coal shed in Norwich-court—we saw no one there—we went to another house, and then into the White Horse yard—I saw Richard Fleming standing at the further end of the yard close by this lead—Mr. Evans said, "That is the man that was cutting the lead, and the man that I saw on the roof with a large piece of lead on his shoulder; I shall give him in charge for stealing"—Richard Fleming asked Mr. Evans if he could swear to him being the man—Mr. Evans said he could—Richard Fleming then said, "If I must be taken to the station, I must abide the consequence"—I examined the roof of the house the same night, I found the lead was all gone—I saw fresh marks of cutting.

Cross-examined by MR. GENT. Q. How much lead appeared to be gone? A. All except one small piece, about the size of a half-quartern measure—I only saw Richard Fleming at that time—I heard the prisoners were at work there, but not on those premises—I saw their ladders standing against the

wall where they came from the roof of those houses, such ladders as brick-layers use.

HUMPHREY EVANS . I reside at the White Horse Chambers—I am super-intendent there, and have the entire management of the place—I am employed by Messrs. Jones and Pine, who are the proprietors. On 13th Jan., my attention was called, in the afternoon, and I saw Richard Fleming with this long piece of lead on his shoulder—he was going along the roof, towards the end of the White Horse yard—I said, "Halloo, what are you going to do with that lead?—he said, "It is all right"—I said, "It is all wrong; put it down, you have no business with it"—he continued with it, and I went into White Horse yard, and saw Keys standing by a track which was close by a ladder there—he had a short ladder in his hand, which he was going to put on the truck—the other ladder was placed against the wall of the house leading towards our premises—they could get there by getting over four or five houses—I skid to Keys, "Who is on the roof?"—he replied, "Two of my mates "—I looked up the ladder, and I saw Alfred Fleming coming down it—I said to Keys, "Do you know that man?"—he said, "Yes, he is my mate"—I asked, "Who else are there?"—he replied, "Two of my mates"—knowing that Alfred Fleming was not the man I had seen with the lead, I ran up the ladder as fast as I could, and found a large piece of lead on the roof, close by the spot where Alfred Fleming came from—I am not certain which of these three pieces it was—I came down and saw Keys move the truck—I said, "You shall not go away; where is your mate "—he said, "He is in the loft "—the policemen came—I sent one policeman to the loft after him, and gave Keys and Alfred Fleming into custody.

Cross-examined by MR. GENT. Q. These were workmen's ladders? A. Yes, I apprehend so—the truck was such as men of this class work with—these ladders were in the White Horse yard—I am not aware that there were any other ladders for them to get to their work with—I do not know that they could have got from the roof of the house but by these ladders; I saw no other—I had seen Keys about die premises for some days—I did not see any one but Richard Fleming carrying lead.

Cross-examined by MR. SHARPE. Q. What are those chambers? A. Lodgings—I think there are eight windows in front, towards Fetter-lane—I should think it extends in depth 100 yards—it is different chambers, entirely occupied by single men—I live on the premises—Mr. Jones is not the occupier of any one of those chambers—he is part proprietor of them—he holds them by lease—the yard in which the ladders were is not our premises—it was immediately at the top of the ladder that I found one of these pieces of lead—Keys said, two of his mates were up there—he did not say when Alfred Fleming was coming down, " There is one of them"—the part where the ladder was raised belongs to Mr. Barber.

JAMES THORNDIKE . (City policeman, 286). On 30th Jan. I went, in the afternoon, to the White Horse yard, Fetter-lane—I first saw Mr. Evans—he told me there were two men in the yard whom he wished to give into custody—he pointed to Keys, and said he was one, and the other was up in the hay loft at the top of the yard—I said to Mr. Evans, "You detain this one, and I will go to the loft, and fetch the man down "—when I got there Alfred Fleming came down out of the loft to me—I saw these three pieces of lead in the yard in a wheel barrow, five or six yards from the loft—I told Keys and Alfred Fleming the charge against them, and that they must go to the station—Keys said "It is all right, I know nothing about it; I will go with you," and Alfred Fleming said the same—I found this knife on

Keys—I examined the communication between the White Horse yard and the premises occupied by Mr. Jones that same evening—by going up the ladder that was there, and getting on the houses, and going over the roof for fifty or sixty yards, you could get on Mr. Jones's premises.

Gross-examined by MR. GENT. Q. Whose hay loft was that? A. I do not know—I first saw Alfred Fleming coming out of the hay loft—he came down when he saw me—the door was open—I had not been in the yard above a minute before he came out of the loft.

Cross-examined by MR. SHARPE. Q. Did you see the lead on the top of the house? A. No, it had been removed, and was on the wheelbarrow.

HUMPHREY EVANS . re-examined. When I went to the yard, the long piece of lead was thrown down there in the yard.

JAMES THORNDIKE re-examined. I compared this lead with the place where it was taken from on the roof, and it corresponded exactly—I unrolled the lead, and it fitted exactly, with the exception of a little piece that was left—I did not find any other part except that roof, from which lead had been cut—there was lead on the knife found on Keys.

WILLIAM BARBER . I am a coach maker and cab proprietor. My attention was called to this about 4 o'clock that day—Keys was coming down the ladder, with something in his hand resembling the size of this small piece of lead—I was about twenty yards from him—I saw it distinctly—the ladder was then thrown across to another wall, thereby no one could go up or come down—in a few minutes my attention was called by seeing Keys and Alfred Fleming standing on the coping of the roof, and they were directing two boys to raise the ladder up to that roof—the boys did not raise it, and there was another lad pushed it up, and just afterwards I saw Keys come down the ladder—Mr. Evans came into the yard, and he said, while Keys was there, "Have you, in any shape or form, given any orders for these men to take lead from our premises to repair yours?"—I said, "No"—he said, "They have brought the lead from our place on to your roof; go up and see it yourself"—I went up, and there was the largest piece of lead lying on the roof—I went a little further, and saw a piece of matting lying in the gutter—I turned that off, and there were two other pieces of lead folded—I said, "Here is the lead "—Mr. Evans said, "You had better have them down"—I threw the two smallest pieces down myself, the largest one I dared not attempt—I got a young man to assist me, and he threw it down—it lay there till Mr. Jones gave the first prisoner in charge—the three pieces of lead were put on my wheelbarrow to wheel it aside, and it was taken to the station.

Cross-examined by MR. SHARPE. Q. You were doing something to some of your premises that day? A. Yes, on the other side of the yard.

WILLIAM CROUCH . I was lodging at the White Horse Chambers on 30th Jan.—about 4 o'clock that afternoon I was going across the lane—I went into the Laurel Tree—when I came out I saw Mr. Jones, and I saw Richard Fleming cutting a piece of lead out of the centre of the skylight—Mr. Jones asked him who told him to do that—he said, "Mr. Chaplin"—I saw one piece of lead which was cut, it lay on the left hand corner of the roof.

MARY TUCKER . I live at No. 21, White Horse Chambers. I was looking out at a window, and saw some lead gone from the top of the skylight—I opened the window, and saw Richard Fleming coming along—he saw me, and he walked back the length of the next house—he went by the stack of chimneys, and over the houses—he then came down level with the

skylight, and laid hold of the largest piece of lead—I saw him take it on his shoulder, and he went along the houses—I could not see him any farther.

WILLIAM BARBER . re-examined. These men were repairing my roof—they were working for Mr. Chaplin.

(The prisoners received good characters.)

RICHARD FLEMING— GUILTY . Aged 36.

KEYS— GUILTY . Aged 36.

ALFRED FLEMING— GUILTY . Aged 26.

Recommended to mercy by the Prosecutor.— Confined Three Months each.

THIRD COURT.—Friday, February 6th, 1857.

PRESENT—Sir JOHN MUSGROVE., Bart, Ald.; Mr. Ald. MUGGERIDGE.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Fourth Jury.

Reference Number: t18570202-327

327. WILLIAM CHARLTON and ALFRED CUTLER , breaking and entering a building within curtilage of the dwelling house of the Guardians of the Poor of the Edmonton Union, and stealing therein 3 jackets and 3 waistcoats, value 1l.; their property: Charlton haying been before convicted: to which.

CHARLTON PLEADED GUILTY . Aged 28.— Six Tears Penal Servitude.

MR. GIFFARD. conducted the Prosecution.

JOHN THOMAS LOWRING . I am porter to the Edmonton Union. The prisoners were admitted there on 2nd Nov., and left together on 2nd Dec.—I examined them when they left—they delivered the house clothing to me, and I was present when they put their own clothes on—Cutler had a smock frock, a pair of fustian trowsers, an old waistcoat, a white or striped shirt, and Blucher shoes, the right one cut up the instep—the left was a workhouse shoe—these are them (produced)—I can swear that this is the shoe I gave him on Friday morning—I also swear to these trowsers—I found this shoe and these trowsers on the morning of 30th Dec., about half-past 7 o'clock, in a field about thirty yards from the store room, which was all in confusion—it had all been in order the night before—some one had got in by removing a pane of glass, putting their arm in, and undoing the window—on 1st Jan. Cutler was admitted into the workhouse again, and I asked him if he had seen Charlton—he said that he had on Thursday morning—he was then given into custody for being concerned with Charlton in breaking into the place—he made no answer—there is a long range of buildings; the next ward is the infirm ward; then the bad leg ward; then the dead house, and next to that the store room which was broken into—they are all one group of buildings, fifty yards long, and enclosed by a wall.

HENRY CHAMPNESS . I am an inmate of Edmonton workhouse, and assist the master and porter in their duties—I keep the stores. On the night be-fore the robbery I saw the store room quite safe about half past 9 o'clock; and next morning before 6 o'clock I found this piece of wood lying on the earth, broken in two pieces, and a knife on the window sill—these trowsers and boots are Alfred Cutler's—I could swear to these articles taken from Charlton—they were taken from the store room, and I saw them safe on the night of the 29th.

CHARLES BROWN . (policeman, B 654). On 30th Dec, about half-past

8 o'clock in the morning, I saw Charlton standing at the corner of a street in Petticoat-lane; I took him in custody, and took from him these clothes (produced).

CHARLES THOMPSON . I am a labourer, and lodge at the Three Tuns, Edmonton; the prisoners were there all the evening of 29th Dec.—they left together about half-past 11 o'clock—I noticed how Cutler was dressed—I saw them again next morning at about 9 o'clock, he then had a fresh pair of shoes on—one of the shoes that he had on over night was cut in the toe; this is it.

GEORGE UNWIN . I am Landlord of the Three Tuns. On 29th Dec. the prisoners were there, and I told them about half-past eleven that I was shutting up the house, and they must go, which they did—my house is about a quarter of a mile from the workhouse.

PETER BRENNAN . (policeman, N 14). I took Cutler in custody, and asked him if the clothes he had on were the same ad he had on when he left the union—he said that the trowsers were the same, but he had burnt his shoes—Lowring gave me these trowsers and shoes.

CUTLER— NOT GUILTY .

Reference Number: t18570202-328

328. HENRY BELCHER , unlawfully threatening to publish a libel concerning Benjamin Clements.—2nd COUNT., publishing the same.

MR. TINDAL ATKINSON. conducted the Prosecution.

BENJAMIN CLEMENTS . I keep a school at-Belmont House, Turnham Green. It is a large house—I have kept it twenty-three years—the defendant applied to me about Michaelmas last to fill the situation of general assistant which was vacant—I had no reference with him, he appeared very plausible in his manner, and being in immediate want of a master, I was induced to let him come—he gave the name of a school bookseller, who gave my name to him; he also gave me the names of two persons whom he had lived with before, Mrs. Dawson and Mr. White—this paper (produced) is the rules of my establishment for the assistants to conform with—I gave it to him the first day he came, and he returned it when I paid him his salary—after he had entered my service, in consequence of something which occurred, I wrote to Mrs. Dawson—this letter which I received is in his writing: (Read—"Mr. Clements, Belmont House, Turnham Green. 4, Cornelia Terrace, Barnsbury Park, Jan. 4, 1857.—Sir, As you have endeavoured to injure me in not giving those gentlemen who applied to you a satisfactory testimonial as to my character, thereby taking away my means of sub-sistence, I shall, for I feel it a bounden duty to do so, inform those parents whose sons are under your care, of the gross immorality of your establishment. I ask you, Sir, how can you put forth your lying advertisement in the Times from day to day when you are aware that it is a gross deception? Signed, Henry Belcher.") This other letter was given to me by Mr. Duncan, the parent of two young gentlemen in my establishment—it is the defendant's writing: (Read—"Mr. Duncan, Norwood—4, Cornelia Terrace, Barnsbury Park, Jan. 13, 1857.—Sir, I feel it to be a duty incumbent on me to inform you that the establishment of Mr. Clements, Belmont House, is grossly immoral, and that the education of the youth placed under Mr. Clements' care is scandalously neglected. The pupils receive very little instructtion, and that by the assistants. This latter fact may not be of primary importance, but the former is, and I call upon you to consider ere you send your sons where every virtue is blasted. Signed—Hy. Belcher.") I believe the charges contained in these letters to be utterly false—he did not complain while in my house of immoral conduct on the part of the boys,

nor when I paid him—he came to me a few days after he left and inquired whether any letters had been sent for him but he said nothing then about any immorality.

Cross-examined by MR. ROBINSON. Q. Do you mean to state on your oath that there never was, to your knowledge, any immorality in your establishment? A. I do, and until it is proved to me I am of the same opinion—I believe there is no immorality existing in my house—a day or two ago I acted on information I received, and discharged a female servant—I can scarcely believe that several boys, who are now here in Court, were sleeping night after night in the servants' room with the servants—until proof is adduced, I am still staggered by it—I can give no further answer—until it is proved; I am still incredulous—I have taken every possible precaution in my power for the strict morality of the pupils, and therefore I am of that opinion—I have heard several of the boys confess it this morning, and I have received information from a parent in Court—I am married, and my wife lives with me at the school, certainly; I am surprised at the question being put to me—my wife has lived at the school twenty-five years; she has always lived there except when she has been away for her health, and when she has lived with my daughter for a short time out of town—I have a house about a mile away from my daughter, and she has some-times been there—she has not left my house for twelve months together—she has never left it at all—I have a housekeeper; a different one to the one that was there during the defendant's time—Miss Nutter was housekeeper then—she is now living in the neighbourhood of London with her friends—she left because she was not equal to it—she was there to assist Mrs. Clements generally—I was always at home except on the half holidays—I was not constantly put in the evenings—I have not come home so late as 12 or 1 o'clock for the last three months—I swear that, to the best of my belief—I have only been out on the hall holidays—I have never been absent but on school, business, or matters connected with the house—I have not been away from the school constantly, leaving it to my assistant; I have occasionally—it is extremely difficult for me to tell whether I have been away three times a week; when I have been called away it has been engagements—I have frequently letters from parties in town requesting me to call—there are two half-holidays in the week—I generally have thirty pupils, or rather under; the last number was twenty-six—I am a Master of Arts—I took my degree from Leipeic—I have not it with me, but I can produce it in two hours—I got it about thirteen years ago, by sending literary productions of my own—I do not mean that they purchased my literary productions by a degree, but they required proof as to my identity—the production that I sent was a Latin theme, which had to be identified in England as my composition, by documentary evidence—it was by writing a Latin theme, and proving it, that I got it—I cannot tell you what I paid—it did not come over by post; it came in a case—I made an application for it—it was not given me from any knowledge that Leipsic had of me—my degree is M. A., and Ph. D.—I paid the usual fees for both of those—I do not know how many M. A.'s of that sort there are in the world—I was frequently called away from home by letters—I have letters at night requesting me to go to town next day; and I have letters to answer, and things to order, and bills to pay; but I am always in the school directing the teachers, and seeing that they carry out their instructions—I have two teachers: a Frenchman and an Englishman—the defendant was the Englishman—the Latin and Greek chiefly came to

me; all the head classes came to me—I have heard of two boys who used to sleep in this woman's room—those were not some boys whom I have now—a boy named Bryerly was subpœnaed here.

Q. Did not you say that you would not bring him to-day because you had not received a shilling with the subpœna? A. I brought him yesterday; I did not bring him to-day because I did not expect the case would come on, as there was a consultation between me and my Counsel—the defendant offered me an apology at the police-court; I did not ask him what he was to state—whether I have been perfectly willing to receive the apology, if I got a retractation of the charges, is a question which I cannot answer—I do not know that he has refused to state that what he said was a lie; because it was the whole truth—my impression is that he declined to make the apology—Mr. Duncan is here—there is another boy, who is in the same predicament as Bryerly, whom I have refused to bring today—I have not heard this from the two boys themselves that I have kept back, that they have frequently been in the habit of sleeping with the servants—I have not pressed them on the subject, and have not heard so from them—they have not stated so to me—this morning is not the first time I have heard anything from the boys on the subject; I called on a gentleman last night who informed me—I did not see either of the boys last night—that was the first specific information I received—I mean to say that I never heard of the boys sleeping in the servant's room till last night—the defendant has never told me that he saw the boys coming out of the girls' room—Watts is one of the boys—the defendant has never called my attention to the peculiar appearance of Watts, and told me that the habits he was pursuing were injuring his health; if he had I should have dismissed the boy—I should not have kept the maid; they would both have been expelled instantly—he has called my attention to Watts's appearance, that was at the latter end of the quarter, immediately after he had had a quarrel with Watts; he said that he suspected, from the appearance of his eyes, that he was in the habit of self abuse; he did not suggest that it was from connection with the woman—the boy is between seventeen and eighteen years old; I called him into the parlour and had a conversation with him—the prisoner was not present.

MR. T. ATKINSON. Q. I believe the prisoner had the control of the bed-chambers of the boys; what was his duty with regard to them? A. Here are the rules: "At 8 o'clock, to call the list, read prayers, attend the pupils to bed, enforcing absolute silence and order in all things"—after the boys had said their prayers up stairs and were in bed, it was his duty to lock the doors—there are bolts on each door, and his room is close to their's, so that if they require anything in the night, he would know it; if they got out of the room without his knowledge he must have grossly neglected his duty—I have reproved him before the scholars for striking them, and using improper language—the first time my attention was directed to this particulr fact about these two boys, was yesterday, by a gentleman now in Court, whose son was in the school—I wrote to his friends requesting them to withdraw him from the school at the end of the quarter, but, generally speaking, he has been a very good boy—I think I ought not to mention names—it was the son of that gentleman (pointing to him)—there was no angry feeling towards the boy in the least—these other rules (produced) were hung up in the school room—(These related to the conduct of the pupils in school.) JOHN DUNCAN. I received this letter, I do not know the writing—the result was that my sons did not return to the school—I proceeded to Mr.

Belcher, and in a conversation which I had with him, I came to the conclusion that I should not send the boys back.

Cross-examined. Q. Were you satisfied before? A. Not generally satisfied on the point of education; I had one or two points to complain of; but on the score of morality I knew nothing—I cannot say that I thought their education neglected, but there was a want of practical application of theoretical rules; they could go through a simple or long division sum, but they could not adapt it when I came to examine them—that would not have prevented my sending them back, because if I had called attention to it, it would have been remedied.

MR. TYNDAL ATKINSON . Q. What ages are they? A. One is seven, and one nine—the one who worked the long division sum has been there about a year and nine months—when I called on the defendant, I said that it was in consequence of a letter I received, of such an extraordinary nature that I did not know what to think of it, and wished something more explanatory; and secondly, whether I was at liberty to make use of it—he gave me full liberty to make use of it, and said that at any time and place he should be fully prepared to justify it—I said that I had seen nothing immoral in my boys—he then led me to believe, and all but plainly stated that he had seen the girls going into the rooms at night, carrying bread and batter to the boys—I said, "Well, Mr. Belcher, can you put any more criminal act than that, that I may judge of it; am I to understand that that is the extent of the immorality you are aware of?"—he said, "No; and the facts going on in that school are shameful"—from the very confident manner in which lie spoke, I resolved that my boys should not go back.

MR. ROBINSON. Q. Have you made inquiries on the subject, of the boys? A. I have put a few questions—I should have liked to have heard the evidence, to be satisfied whether the facts did take place, but I think the nature of the accusation is sufficient; a man could not say that without something of that sort taking place.

MR. TYNDAL ATKINSON . Q. Are your inferences those which arise from conversation with the man himself? A. Yes; and from this letter—I have not made inquiries since, or had any conversation on the subject.

CHARLES RANDALL . (policeman, N 172). I took the prisoner at Islington on the morning of 21st Jan.; I read the warrant to him, and he said that he had written two letters to two parents of children belonging to the school, and two to his master—he asked me where I was going to take him; I said, "To Clerkenwell police court;" he asked why—I said, because he had committed the offence of writing the letters; he made no reply.

(MR. ROBINSON. proposed to call witnesses in justification. MR. TYNDAL ATKINSON. contended that this could not be done, no notice having been given of my witnesses to be called The COURT. considered that the evidence must be excluded, the truth of the statements not being averred in the indictment, as the statute required. MR. ROBINSON. contended that the plea of Not Guilty was a plea that the libel was true, and put in issue everything alleged in the indictment. The COURT. considered that though that was so under the old law, as then the truth was no answer, yet that it was not so under the statute, and therefore declined to receive the evidence. The defendant then, under the advice of MR. ROBINSON., apologized for having written the letters, but still maintained the truth of their contents.)

The JURY., under the direction of the COURT. returned a verdict of GUILTY .— To enter into his own recognizances in 100l., and two sureties in 50l., to appear and receive judgment when called upon.

FOURTH COURT.—Friday, February 6th, 1857.

PRESENT—Mr. Ald. ROSE.; and MICHAEL PRENDERGAST., Esq.

Before Michael Prendergast, Esq., and the Sixth Jury.

Reference Number: t18570202-329

329. CHARLES PANKER and CHUNDEE were indicted for a burglary in the dwelling house of Harris Marks, and stealing 25 sheets and other goods, value 6l. 14s.; his property.

(Chundee, being a foreigner, had the evidence interpreted to him.)

HARRIS MARKS . I live at No. 236, High-street, Shadwell, in the parish of St. Paul, Shadwell. On Sunday morning, 18th Jan., I got up between 7 and 8 o'clock—I found the back door bolts unfastened, and the skylight broken—I went out into the yard from the kitchen door—I found a pair of black trowsers and some thin guernseys—the night before they were all safe in the shop—I went into the shop—a great variety of things were gone from the shelves—one jacket, more than fifteen guernsey shirts, ten waistcoats, fifteen handkerchiefs, and three caps, and a great number of things—I have since seen some things in the constable's possession, and some at the pawnbrokers—I have not recovered half that I missed.

ANN MAHOMET . I am wife of John Mahomet, a native of India. I live at No. 2, St. George-street—the prisoner Chundee came to my house on Sunday night, 18th Jan., with a girl—he left the house, and came in afterwards with a bundle of clothes—I saw him give the girl a large bundle to pledge—I went with her to pawn them—during the day he gave me several other parcels to pledge—I pledged them at two pawnbrokers, Mr. Child's, in Shadwell, and Mr. Hawes, opposite—I pledged all these articles produced.—there are waistcoats and guernseys.

RICHARD WESLEY . I am assistant to Mr. Child, pawnbroker. I produce these things that were pledged with me by the last witness on 19th and 20th Jan.—she came at various times, with another girl.

ALFRED PIKE . I am assistant to Mr. Hawes, pawnbroker, in High-street, Shadwell. I produce articles pledged with me on the Monday, six shirts, by the witness Mahomet.

PETER BIDGOOD . (policeman, K 168). In consequence of information, I apprehended Chundee in Angel-gardens, Shadwell—upon him I found a new shirt, a new cap, and a new pair of stockings—I produce them.

WILLIAM CHARLES POTTER . (policeman, K 212). I took Panker into custody in Blugate-fields—I found a cap and a singlet upon him—I went to his lodgings, 2, Blugate-fields—I received from last witness a number of things, and eight duplicates.

ANN MAHOMET . re-examined. Both the prisoners came together to my house—I let rooms to the girls—on the Sunday night the two prisoners came together, but Chundee came first with the girls, and then, when he went to fetch the clothes, the other came with him—they both had the clothes—they distributed them among several other men—I saw both of them come with the things, and both were distributing these things that are here—Panker was present when I received these things, but Chundee gave them to me, and he received the money—Panker lodged at my house the Sunday night and the Monday night—the Sunday night he did not have a girl, but on the Monday he did—Chundee brought the things to my house, and gave them to me, but Panker was present and saw him—the things that

Potter took were all put there by Chundee—the officer did not take anything that Panker brought—Chundee gave some things to Panker in my presence, and also to three others—I saw him give the cap, shirt, and singlet—Panker came with him, but I do not think he had possession of these things more than any of the others.

WILLIAM CHARLES POTTER . re-examined. I went to Mrs. Mahomet's and took possession of a number of things, which I have here, and eight duplicates—on the morning of the 17th I searched Mr. Marks' place—I found several articles—Chundee owned some of the articles at the station house, through the interpreter.

HARRIS MARKS . re-examined. All these articles are mine—I missed articles of that description, and a great deal more—I went to bed between 12 and 1 o'clock on Sunday night—all was safe then—I got up between 7 and 8 o'clock, and then the bolts were all undone.

CHUNDEE— GUILTY. of housebreaking. Aged 34.— Confined Nine Months.

PANKER— NOT GUILTY .

Reference Number: t18570202-330

330. JOHN HENRY WILLIAMS and FREDERICK CORDERY , stealing 117lbs. weight of lead, value 18s., the goods of Frances Isabella Dowager Lady Clinton.

MARIA TAYLOR . I was left in charge of Lady Clinton's house, on Hampton Court green. On the morning of 2nd Jan. I heard a noise, when I was in bed, between 4 and 5 o'clock—it sounded like the unfastening of a door bolt—I missed the lead in the afternoon of the same day—it was over the front door—it is a little sort of colonnade, with about five or six columns extending along the front of the house—it is covered with lead—only a small piece was gone—I saw it safe about a day or two before—it belonged to Lady Frances Isabella Clinton.

Williams. Q. Did you see me near the place? A. No; I never saw you till you were in custody.

CHARLES CHURCHILL . (policeman, V 29). On Friday night, 2nd Jan., I received some information from last witness—she pointed out some particular place to me—I went to Mr. Cooper's the next morning—I got a piece of lead from him—I called in a plumber on the Monday afternoon, and took the lead that I got from Mr. Cooper to the colonnade—it fitted—there were nail holes in the lead, and there were corresponding nails and holes on the colonnade—I am quite certain it fitted—I produce the lead—there is a piece of wood attached to it that fits the woodwork at the top of the colonnade.

Williams. Q. When I was taken to the station house, did I not say that I knew nothing at all about it, but that Cordery bought it of a man of the name of Ringham? A. Yes; when you told me that I said it was not my place to trouble after Ringham—I knew Ringham—I had no evidence against him—I did not find that Ringham had been in company with Cordery—they told me that a third party had been in company with him, but I did. not know whom—I said that Cordery and Ringham were drunk in a public house—I said I thought there were some more in it—I met you and Cordery on Friday night coming from Kingston in a donkey cart—you were coming in a direction from Kingston.

JOHN COOPER . I am a rag merchant. The two prisoners came together with the lead produced, on Friday evening between 7 and 8 o'clock—they had been before in the day, about 12 or 1 o'clock, and bought some goods of me, which I have entered in this book—I bought rags and bones of them—Williams

asked me the price of lead—I said I would give him 18s. 6d. a hundred weight—he said he expected Cordery would bring some, but it would be nothing to do with him—I was then at our shop in Thames-street, at Kingston—Cordery was with Williams, but I believe he was outside, and did not hear him—I stated before the magistrate that Cordery was with Williams—he was with him, but I do not know whether he was outside or inside—I do not know whether he heard the conversation or not; my impression is that he did—they came again in the evening, both of them—Williams was at the shop, and said that Cordery was at the warehouse with the lead—I went down to the warehouse to weigh it—Cordery was there with the lead in a donkey cart—the shop is about five minutes' walk from the warehouse—I weighed the lead, and took the weight and went up to the shop to pay for it—while I was coming up, Cordery asked me if I had a bit of rag, as the donkey was bleeding—I gave him a bit of rag, and he went out, and presently he came back and took the money, 1l. 0s. 6d., in my presence—my father gave it to him—Williams was not there—I have it entered here (producing a book)—it was entered the same day that the transaction took place—I have entered it in the name of Williams, as I always book to Williams what I buy of him—I did not think there was anything dishonest about it—I have got down, "paid Cordery"—I put that there at the time—there is "18s. 6d. "—that means, 18s. 6d. a hundred weight—I knew Cordery before—I had been in the habit of buying of them for a long time—Williams had not returned before Cordery took up the money—he came in afterwards—I did not hear him say anything more—in a former entry his name is down as "John Williams"—sometimes I entered it as "John Williams," and sometimes as "Mr. Williams"—I am quite sure that Williams told me he had nothing to do with it, but that it was Cordery's matter entirely—that is the piece of lead produced, which I gave up to the officer—Williams was not present at all at the time Cordery made the bargain for the lead—Williams was at the shop, and Cordery at the warehouse—they both go about the country gathering marine stores, and selling them to me.

Williams. Q. When I came to your place, what time was it? A. Some time in the middle of the day—when you asked me the price of lead, you told me you had a little lead and brass—it might have been mixed up with the bones I bought of you—when you came over to me the second time you did not ask me if I had bought any lead, you said Cordery had gone down; I knew you meant to the warehouse—you said you had come after some pairs of scissors Which my father had promised you, and my father gave them to you as a Christmas box for your daughter—the warehouse is on the water side, the shop is on the right hand from the bridge, and the warehouse on the left.

Williams's Defence. After we had bought the brass we went to the King's Arms tap, and had something to drink; we called for some meat, and they went for some; Ringham said he had some lead to sell, and wanted 6s. for it, and Cordery went out, and I suppose he had it.

Cordery's Defence. I saw Ringham, and went out with him to the corner of the Green, and there was the lead; Ringham said he wanted 6s. for it; I said, "That is worth it, and I will give you 6s. for it, is it right?" he said, "Yes," and I took it to Mr. Cooper's.

WILLIAMS— NOT GUILTY .

CORDERY— GUILTY. of receiving. Aged 21.— Confined Four Months.

Reference Number: t18570202-331

331. ELIZABETH MARTIN , stealing 1 watch, value 10l.; the goods of Thomas George Reade, from his person.

THOMAS GEORGE READE . I live in Aldersgate-street. On the morning of February 4th, I came out of my house about 1 o'clock, in company with Thomas Henry Mason—we were going out to supper—we were going along Aldersgate-street, when the prisoner and a companion ran up against us, and she fastened her arms round me—I saw nothing at that time—some time after my companion said there was a policeman coming up, and then she fell down, and pretended to be drunk—she was well able to stand before—then I observed that my watch ribband was hanging out of my waistcoat pocket—she had taken my watch from the ribband—the ring was left upon the ribband—I tried to pick her up previous to seeing that; then I let her remain, and the policeman came up—the watch was found down the area grating—I charged her with taking it—she said she had not—I saw the watch down the grating when the policeman turned on his light—I am sure it was my watch, and it was safe when I came out—she asked me to go with her, and I said, "Certainly not"——my companion is younger than myself.

Prisoner. Q. Were you not with two females when I came up? A. No—I did not ask you to go to a brothel with me—you threw your arms round me, and wanted me to go along with you, and I said, "Certainly not;" and then my companion said there was a policeman coming, and you fell drunk—I was not doing anything indecent to you—I suppose the reason my companion said there was a policeman coming, was because he did not want a disturbance—it was about ten yards from my door where yon took hold of me.

THOMAS HENBY MASON . I was with Mr. Reade on this morning—we were going out to look for some supper—when we got into Aldersgate-street, we met two girls coming down the road—they shoved up against Mr. Reade, and one took hold of me, and one of Mr. Reade—I danced about a little with the one that took hold of me, and then I said there was a policeman coming, and the other one instantly dropped down on the ground, and appeared as if she was fainting—my young lady walked away—when the policeman came up, my companion said something about his watch, and then she was down on the ground—the police constable came up, and said, "You had better be careful, or you will be robbed "—she must have heard that, for he said it quite loud—my companion said, "She has got my watch," and she said she had not—the police constable instantly turned on his light and looked on the pavement, and then down in the grating, where we saw it—she had the opportunity of putting it down the grating.

JOHN LEWIS . (City policeman, 262). I found Mr. Reade in Aldersgate-street, on the morning of 4th of Feb., about 1 o'clock—I observed the prisoner with her arms round him—I cautioned them to take care of themselves, or they would have their pockets picked, and she immediately fell down, and Mr. Reade missed his watch—I secured her, and turned on my light, and found the watch down the grating—as soon as she fell she shifted towards the grating—I observed the ring of the watch on Mr. Reade's ribband—she was very disorderly, but not drunk—that is the common way in which they are wrenched off.

THOMAS GEORGE READE . re-examined. That is my watch.

Prisoner's Defence. I was very tipsy, and was coming home, and this gentleman came up and asked me to go to the cottage, which is a brothel,

and I said I was too tipsy; and the other young man was with another girl—she went away, and Mr. Reade said, "You have my watch"—I said, "No, I have been in a public house three hours."

GUILTY .*— Confined One Year.

Reference Number: t18570202-332

332. THOMAS JOHNSON , burglariously entering the dwelling house of William Foster; with intent to steal.

THOMAS SIDGREAVES . I live at No. 12, Alfred-place, Bedford-square; the house is Mr. William Foster's. On the morning of 3rd Jan., about 5 o'clock, I was in bed, and was awoke by a noise—I got up and went to the folding doors, and listened, and thought I heard a noise—I unlocked the folding doors and opened them, and found the prisoner crouching against the door leading into the passage—I saw him by the light of the lamp out—side—I asked him what he was doing there—he said some boys out-side had asked him to get through—I said, "For the purpose of stealing?"—he said "Yes, "I then came on him rather suddenly and seized him by the wrists—I then said he had got himself into a scrape—I opened the door, took him into the passage, and called out to Mr. Foster, the landlord, and held him while he dressed, and he did the same while I dressed, and then we called a policeman and gave him into custody—he had got in through the window—he had closed the window after him—there is an area railing—this is on the ground floor—there is a ledge outside the window—I should think he could hardly stride across the area.

Prisoner. Q. Did I say I was to get in to open the door to two men outside and they would give me half a crown? A. No, you did not, you said you got in for the purpose of stealing.

WILLIAM FOSTER . I am the owner of this house—it is in the parish of St. Giles, and is my dwelling house—about 20 minutes past 5 o'clock I was alarmed—I went into the hall—Mr. Sidgreaves was there with the prisoner—I said to the prisoner, "Are there any accomplices The said, "There are two men outside"—I said, "Do you know them?" he said, "No, they came to my house"—I had previously asked him where he lived, he said some square near Gray's Inn Lane—"Two men," he said, "came to my house to—night and said they would give me some money if I would open the door and let them in"—I cannot say how he said he got in, but I think he said at the window—it would be very difficult for any one to get in with-out assistance, there is first a railing five feet high, and the rails are some distance from the step of the door—I believe he got in at the window—I believe it was not fastened—there was a window catch—I had nobody there to put up the window—I am sure it was closed down before 5 o'clock in the evening—the window had been cleaned that day by myself.

BENJAMIN WIGO . (policeman, E 100). The prisoner was given into my charge—I found a quantity of lucifer matches about him, a fourpenny piece, and some copper—he gave the name of Thomas Johnson, No. 7, James-street, Wellington-square—that is near the Gray's Inn road—I went there, there was no such person known there.

Prisoner's Defence. If the police constable had gone to the address I gave him he would have found the right place; I gave him the address, "No. 7, James-street, Wellington-square."

BENJAMIN WIGG . re-examined. I went to No. 7, James—street, Welling-ton—square, and found nothing about him.

GUILTY .

The prisoner was further charged with having been before convicted.

JOHN CLOWN . (policeman, E 5) I produce a certificate. (Read;"Clerkenwell, 3rd Jan., 1856; George Harris Convicted of a larceny, and Confined four months")—the prisoner is the man.

GUILTY. Aged 17.— Four Tears Penal Servitude.

OLD COURT.—Saturday, February 7th, 1857.

PRESENT—Sir THOMAS GRAHAM MOON., Bart, Ald.; and Mr. RECOBDIE.

Before Mr. Recorder and the Fifth Jury.

Reference Number: t18570202-333

333. WILLIAM JOHNSON was indicted for a robbery, with violence, together with a person unknown, upon William Talbot Gidlow, and stealing 37 shillings, his moneys.

MR. PLATT. conducted the Prosecution.

WILLIAM TALBOT GIDLOW . I am a ship's steward. On Thursday night, 22nd Jan., I was drinking in a public house in Whitechapel—the prisoner was not there at first, but another man belonging to him was with me in the bar parlour—when I came out, the prisoner and another man came in—I treated them to drink—I was going home—the other man said to me, "Don't be in a hurry yet, you shall go home with me, and have half of my bed"—shortly after I went out, and the prisoner and the other man went with me—one got hold of me by one arm, and one by the other, taking me home, as I thought, to have half of the man's bed; I had been drinking, but I knew what I was about—I was able to walk—they took me into Plough-court—the. prisoner then took hold of me by the throat, and got me down, and the other one got hold of me, and turned my pockets inside out, and then tried for my watch—I had it in my fob, and my guard round my braces—they unbuttoned my waistcoat, and I screamed out, "Murder!" all that I could—I had about 37s. in silver in my pocket; I had 42s. when I went into the public house, and I reckon, after spending what I did, I had about 37s. left—it was in my waistcoat and trowsers pockets; I lost that—I am sure the prisoner is the man that seized me by the throat—I was very much hurt, and have felt the effects of it ever since.

Cross-examined by MR. METCALFE. Q. When did you commence drinking that day? A. About 20 minutes to 8 o'clock—this happened about 20 minutes to 2 o'clock—I was in two public houses in that time; it was in the first public house that I saw the man in the bar parlour; he was there when I went in, sitting down by himself; I did not know him before—I drank stout there, and a glass of gin—I was not drunk before I left that house—it was there that I treated the prisoner—I cannot say at what time I left that house—I had gin at the second house—I was not drinking with a good many persons; I was in no company but the three; I have not been drinking this morning; I have had a glass over the way—I have had two glasses of gin—when this happened, I screamed out as loud as I could, "Oh! murder I don't murder me;" it was not a minute before the constable came up—there were two men in the court with me; I could not say there were three—there were three in the public house—the prisoner was one of the men that had hold of me; the third man was the one that offered me a share of his bed; that man was taken into custody within ten or twelve yards of the spot, but he was not with the prisoner and the other

man during the time they had hold of me—all the money X had was in silver—I am not aware that there were any women in either of the public houses—the man that offered me a share of his bed, took me into a third house, Joe Rose's, as they called it; there were two females there, and I treated them, and then we went into Ward's again; I was a very few minutes with the women; I went out of doors with one of them, and then came in again—I was not with any woman after that—I could hardly speak at the time they were strangling me; I was almost insensible—I was steward of the brig Grace; she was lost on 12th Dec.; I was picked up by a Bremen boat—I was not in employment at this time; I had been at the Wells-street Sailors' Home, and had been down to Liverpool—the 42s. was my wages, what I was paid off with.

GEORGE WOODWARD . (policeman, H 187). On the evening in question I heard a groaning noise in Plough-court, Whitechapel, and on going there I met the prisoner and another man coming from where the prosecutor was lying, about four yards distant—when I got up to the prosecutor, he was just raising himself up, supporting himself against the wall, and groaning very much—I believe he had been drinking, but at the station he was quite sensible—he appeared to be very much injured—in consequence of what he said, I turned back again, and went after the prisoner and the other roan—I took the prisoner into custody; the other one crossed over, and a brother constable stopped him—I told the prisoner I wanted him—he said, "What for?" I said, "For strangling a man in Plough—court"—he said, "What, me? what, me?" I said, "Yes"—I took him back, and met the prosecutor coming along—I said, "Is this the man?" he said, "Yes, that is the man that strangled me, that got hold of my throat."

Cross-examined. Q. The other man was taken immediately, was he not, in your presence? A. Not in my presence, he was brought into the station in about ten minutes; he was shown to the prosecutor—he said he had been drinking with him, but he was not the man who had touched him—they were walking when I met them, coming down the court; they walked very quickly out of the court—I was about six or seven yards from the end of the court when I first heard the groaning; that was all I heard.

COURT. Q. Is there any thoroughfare through the court? A. There is—there is a lamp at the end, and I could see right through the court—I did not see another soul in the court; the other man was not searched; the prisoner was, and 2s. 2d. and a snuff box found on him.

NOT GUILTY .

Reference Number: t18570202-334

334. EDWIN CLARK , feloniously cutting and wounding Elizabeth Scott, with intent to do her some grievous bodily harm.

MR. ORRIDGE. conducted the Prosecution.

ELIZABETH SCOTT . I live at No. 7, Angel-gardens, Shadwell. On the morning of 14th Jan., between 12 and 1 o'clock, I had been to get something for my supper, and as I was coming home I saw the prisoner kicking at the door of a house, and his companion was singing out to an old woman up at the window, calling her very bad names—she said if he kicked at her door again she would cleave him down with a poker—he kept kicking at the door, and the old woman's daughter came and struck his companion in the face—a young man came and kept the prisoner from hitting her, and he turned round from the door, grating his teeth, and went to cross over towards his companion—he took his knife from behind him—I screamed out twice, "Murder! he has got a knife!"—I said nothing to him—he ran after me round the corner, caught me by the throat with his left hand, gave me

a blow underneath the throat, knocked me down, and stabbed me, first in the belly, and then on the forehead.

JOHN BROWN ROSS . I am a surgeon, in High-street, Shadwell On 14th Jan. I was called to the police station to see the prosecutrix I found two incised wounds, one on the abdomen, and the other on the forehead, the former about two inches in length and three-fourths of an inch in depth, the latter about half an inch in length, and the same in depth—they were such wounds as might have been produced by such a knife as this (produced)—the wound in the abdomen was a dangerous wound; the cavity was almost penetrated; if it had been, inflammation would have set in, and loss of life would have been the consequence.

RICHARD GERMAN . I live at No. 7, Angel-gardens, Shadwell On the night of 14th Jan. I was coming down the street, and saw the prisoner kicking at the door of the corner house—an old lady put her head out of the window, and desired him to cease; his companion was then fighting with another man—the prisoner drew his knife—the prosecutrix called my attention to it, and ran round the corner—I saw the prisoner go after her, and strike her, and knock her down, and fall atop of her—I did not see him stab her—I heard her say, "He has stabbed me"—I went and called the police, and when I returned I found her bleeding, and several persons round her, lifting her from the ground.

JOHN SUTHERLAND . (policeman, K 46). I was called to the prosecutrix—there was a crowd round her; she said she was stabbed, and pointed out the prisoner as the person that had done it—he was taken by another constable—he said he had not stabbed her—about two yards from where he was standing, I picked up this knife; it had blood on it then, and has now—at the station he said he had no knife round his waist—there was a sheath, and no knife in it—he said his knife was at his lodging; I went there, and in a box that was pointed out to me I found a knife and sheath—the prisoner's face was covered with blood at the time, and his companion's also.

Prisoner's Defence. Three shipmates of us were together drinking in the Highway; we went with three girls into this street, to stop with them in this house; we could not agree for the lodging, and two of us came out, and one stopped; my shipmate began kicking at the door; I told him to come on, or we should get into a row; he would not, but stood talking to the old woman at the window; a woman came and struck him across the face; lie hit her again; this woman screamed; in five minutes eight or ten men and women came, and began beating and kicking me; I have the marks on me now; this woman sung out, "I am stabbed!" whether it was some of the men that intended to stab me I do not know; I had no knife with me that night; how she got the wound I do not know; I never did it.

GUILTY. of unlawfully Wounding. Aged 24.— Confined Twelve Months.

NEW COURT.—Saturday, February 7th, 1857.

PRESENT—Sir ROBERT WALTER CARDEN., Knt., Ald.; Mr. Alderman EAGLETON.; and Mr. COMMON SERJEANT.

Before Mr. Common Serjeant and the Seventh Jury.

Reference Number: t18570202-335

335. JOSHUA GORDON , unlawfully endeavouring to prevent Alfred Edwards from giving evidence against Henry Tuck and another, charged with felony.

MESSRS. COOPER. and MACENTEER. conducted the prosecution.

CHARLES LEWIS OCKDALE . I am a warder of the House of Detention—I produce the warrant of commitment of Thomas Henry Tuck and Louisa Walford—under this warrant I had those two prisoners in my custody from 30th Nov. till 9th Dec, the day they were tried at Clerkenwell—I was present at the trial—I believe Edwards was a witness on that occasion.

JOHN WOOD . I am in the office of the Clerk of the Peace for Middlesex—I produce the depositions against Tuck and Walford; and the recognizances entered into by Edwards and others—the recognizances are signed by the Magistrate, Mr. Tyrwhitt.

JOHN ALEXANDER . I am second clerk in the office of the Clerk of the Peace—I remember Tuck and Louisa Walford being brought up—they were committed—this signature is Mr. Tyrwhitt's—this is the warrant of commitment—I took the depositions—these are them (produced).

ALFRED EDWARDS . I live at No. 40, Union—street, Clarendon-square—I did live with my father, who is dead—I am fourteen years old—I have been in the habit of attending Euston-square station, waiting to get business for the coffee shops; holding horses, or anything I could get to do—I know Thomas Wade and James Heath; they act with me at the station—on Saturday night, 6th Dec., about 7 o'clock, I went to the Drummond Arms (before that I had been before the Magistrate—I was brought forward to give evidence against Tuck and Walford, and I was bound over to give evidence on 8th Dec.)—I bad half a pint of beer to drink there—I saw a man named Wagstaff at the bar, who I had seen at the police court, Clerkenwell, when I went to give evidence—after drinking my beer I left, and went across the street—I met with Wade and Heath nearly opposite the Drummond Arms—while there I saw the prisoner; he came from inside the Drumraond Arms to the door, and beckoned me over—I went over, and he took me inside the Drummond Arms; he asked me if I would have anything to drink—I did not know him before; I never saw him—when I went into the public house, Wagstaff was still there—we had a pot of beer, and the prisoner said to me, "Are you going up against Tuck?"—I said, "Yes"—he said, "Oh, you need not go up against him without you like" I said, "Oh, I must go "—he said, "You need not go up without you like"—we then had half a pint of rum—the prisoner paid for those things—the prisoner and Wagstaff and I had it—we then all three went out together from the Drummond Arms, and went to the Jolly Gardeners—we there had two pots of porter, the prisoner paid for them—there were some persons he knew there; I saw him speak to them—he told them I was the person who was going up against Tuck, and he said, "I am not going to let him go up against him "—he then asked me whether I had any money; I told him, "No"—he said, "Do you want any?"—I said, "I don't mind having a trifle if you have any to give me "—he said, "Will you have a couple of shillings?—he gave them to me, and he then sung a song—we stopped there till a quarter before 12 o'clock, and then went away—while we were there Wagstaff was there—the prisoner said, "I am not going to let him go up against Tuck," and he said that he was going to buy me a suit of clothes, and take me down to Woolwich, and get me a ship to go to sea on Monday—that was 8th Dec, the day that I was bound to appear—we stopped there till a quarter to 12 o'clock, and then the prisoner and I went away, and Wagstaff went home—the prisoner and I went to the Bull's Head, in Tottenham Court road—we had a quartern of rum there; the

prisoner paid for it—I did not want to go to sea—he said, "Oh, you must go; if you don't go you must stop with me till Monday night"—I said, "No, I can't stop with you till Monday night, because I shall have to go up against Tuck on Monday"—he did not take any notice of that—we stayed in the Bull's Head ten minutes or a quarter of an hour in front of the bar—he then took me home to where be lived in Fitzroy—place, New road—when we got there he rapped at the window—a little girl let us in I did not see anybody but her—the prisoner gave her a 2s. piece to give to her mother off the rent, and he asked me if I had any halfpence to give to the little girl for letting us in?—I said I had a penny—I gave it her, and the prisoner and I went up stairs and went to bed—in the morning the landlady asked him if he wanted any boiling water—he said, "No; we are going to a coffee shop," and he put his hand on the top of my head, and said, "What do you think of my son?"—she said, "I think he is very much like you "—the prisoner and I then went to a coffee shop, and had breakfast; the prisoner paid for it—when we left there we went over the water to a public house across Westminster Bridge—we went into that public house about half past 10 o'clock, and stopped till about half past 2—some friends of the prisoner were there—the prisoner said, about 2 o'clock, that I was the chap that was going up against Tuck, and he was not going to let me go—I said, "I must go up against him?" and he said, "Oh, no, you need not; they can't hurt you if you don't go up against him "—when we came out, he said to me, "You don't know who you have been with; did you see that man with the white dog? that was the man that got out of the House of Detention"—we then went to a cook's shop, and both of us had some dinner; the prisoner paid for it; from there we went over to the public house, which was just closing up—we had a pot of beer there; the prisoner paid for it—we then came home towards Somers Town, to Wagstaff's house—we were having a pot of porter, and Nunner came in and said, "This is a very d—fine thing for me to be locked up for another man taking the boy away from going up against Tuck; I have been locked up through it"—he said that to Wagstaff and the prisoner and me; and Nunner said, "That boy's father has been crying all over Euston—square Station, looking after him, and if he don't go home his father will have to pay 40l. or else go to prison"—Wagstaff then said, "You have got a fine mouth, to come in opening your mouth like that"—I said, "I shall go home if that is the case "—the prisoner and Nunner, and Wagstaff, and I, and Wagstaff's friend then came out of the house and went into a public house, and the prisoner called for half a pint of gin—I told the prisoner I was going into the back yard, I would not be a minute; he said, "Look sharp back "—I got outside and jumped into a cab, and went home; that wan how I got away from him—when I got home I was the worse for liquor, and I had lost my boots off my feet—I do not know what became of them, or when I lost them—when they spoke about my father, the prisoner said, "I will go to your father and make it all right; you stop with me."

Cross-examined by MR. RIBTOK. Q. How old are you? A. Fourteen—I would not swear that I am not more—I am not aware that I have stated before that I was eighteen—I hardly know my age; I would not swear I am not sixteen or seventeen—I know I am not eighteen——I always thought I was fourteen—I did work with my father—at that time I was working at a coffee shop, getting lodgers when the trains came in—I had been engaged for them for three months—I staid out for the last train, 11 o'clock; not later—I have been out later when I have been to the play, or anything—I

know the foreigner from whom some money was said to be taken—I met him on the night of the robbery, and took him to a bawdy house, only to one bawdy house—I had not done that for persons before—I had never done it before that night—I know the house well—I do not often go to the play; I generally go home about a quarter or twenty minutes past 11 o'clock—after I have gone home I never leave home again—on the night of the robbery I got home about 12 o'clock—I did not leave home after 12 o'clock—I gave evidence at Clerkenwell against Tuck and Walford—I gave evidence against the prisoner at Marylebone—the policeman took me there—I had told somebody about it, and I mentioned it to the Judge—since then I have been at home with my father; he has been laid up since Christmas—I have not been doing any jobs for the coffee shop, earning no money—the policeman brought 3s. to my mother, and he gave me 1s. since—I do not know how long it was afterwards that he came to my mother; two or three weeks—he gave me the shilling the day that he gave Wade and Heath the papers; on last Monday, I think—that is all the money I have got—he did not promise me anything—I went home the worse for liquor on that Sunday night—I had never gone home the worse for liquor before—I had been in the habit of drinking beer before—I had drunk rum before, and drunk it neat—I had drunk it at home sometimes—my lather did not give it to me—I bought it at the public house opposite—I bought half a quartern—I did not drink it all; I gave part to my brother sometimes, and to my mother—I have not done that very often—I have drunk rum at a good many other places—I have drunk it at Croot's public house when I have been with anybody—my brother has taken me there—I have drunk it in the evening; I never noticed the time—I do not know how much I could take without doing me any harm; I never tried—I would sooner have half a pint of beer than I would have rum—I know the Drummond Arms well; I had been often in that house before—I smoke sometimes; not very often—I smoked yesterday at home—I did not have any rum yesterday—I did not smoke the day before yesterday; I do not smoke every day of my life—I have often been at the Drummond Arms—I have had rum there, but not often—I have had beer there; not often—when I went in there first I saw the prisoner there—the next public house we went to was the Jolly Gardeners—I know that, but not very well; I had been in there before—I had drank and smoked there—I had not had rum there; only beer—I had been in the Bull's Head before, and drank in it—I do not mean to say I have never been out after 12 o'clock—I have never been out a whole night, only when I have been in the country at work, down at the Exhibition—I was at work there two years ago for nine months—I had 15s. a week—I was then away from home; I used to come home once a week—I never smoked there, nor drank rum there; I began to drink rum after I came to London—I was examined before the Magistrate in reference to those two parties, and after I gave my evidence I left the Court—I cannot write—I recollect putting my mark to a paper; the officer of the Court read the paper over, and then let me go—he did not do anything else—I had never given evidence before that day—that was the first time I had ever given evidence in a police court—my father is dead—my father and mother never found fault with me for drinking rum, nor for coming home the worse for liquor; that I swear.

MR. MACENTEER. Q. Did the foreigner ask you to introduce him to any girls? A. Yes, and it was in consequence of that I took him to that house—I signed the paper, and was bound over to attend.

COURT. Q. You said in answer to a question that you were bound over

by the Magistrate to give evidence against Tuck and Watford on 8th Dec, was that before you left the Court? A. Yes.

THOMAS WADE . I live with my father, at No. 15, little George—street, Hampstead—road. On that Saturday night I was standing with Edwards and Heath in Euston—square, opposite the Drummond Arms—I saw the prisoner—he called Alfred Edwards over to the Drummond Arms—Edwards said, "Yes, sir," and he went over—I heard him ask him if he would have some beer; Edwards said, "Yes," and they went in—the prisoner called for a pot of beer—I did not hear any more conversation; I stood outside—I saw Nunner come out with a hare—I afterwards saw the prisoner and Edwards come out together, and they met Nunner, who had sold his hare at a house opposite; then he and Edwards and the prisoner went away towards the Jolly Gardeners.

Cross-examined. Q. Do you know this Jolly Gardeners? A. Yes—I have been there, and had beer there, and the waiter is a witness here—Edwards and Heath and I were talking together that night—we had been talking about a quarter of an hour—it was between 6 and 7 o'clock; Edwards did not go to the Drummond Arms till the prisoner called him; then they both went in, I am quite sure of that—I had not seen where Edwards had been before I was talking to him—I was going up towards the Drummond Arms, and he met me—I did not see him come out of the Drummond Arms—I have known him these seven years—I am eighteen years old—I think I am a little older than him.

JAMES HEATH . I live with my father, in Little George-street, Hampetead-road. On the evening of 6th Dec. I was with Wade and Edwards opposite the Drummond Arms—the prisoner came out of the Drummond Arms and called Edwards over, and asked him to have something to drink; he said, "Yes," and he took him in, and they had a pot of porter, and after that they had some rum—they came out and went towards the Jolly Gardeners.

JOSEPH ALLEN . I am barman at the Jolly Gardeners, and have been so about four years. I have known the prisoner between four and five year—I remember his coming to the house with Edwards—I had seen Edwards before, down Drummond-street—I had never seen him with the prisoner before—it was on a Saturday night, between seven and eight weeks ago, when they came to our house—they went into our tap room—they were there between 8 and 10 o'clock—what time they came, or what time they left, I cannot say—I have never seen them together since.

Cross-examined. Q. Did you know Edwards? A. Only by seeing him—I have seen him perhaps once within a week, if I happened to go out—I may have seen him in the Jolly Gardeners half a dozen times—he might come in in an evening—we do a very fair business—I have no recollection whether I have seen him smoking—I will not say whether I have served him with rum.

HARRIET MITCHELL . I live with my parents in Fitzroy-court, fitzroy Market—the prisoner has been lodging in our house—I remember a short time before Christmas, on a Saturday night, he came home and brought Edwards with him—the prisoner knocked at the kitchen window—he had had two keys, and he broke one and lost the other—when he knocked I let him in and Alfred Edwards—they slept there that night together—Edwards gave me a penny, and the prisoner gave me 2s. for my mother—the prisoner had been lodging at our house—he is a professional singer—I never heard him sing.

DOROTHY MITCHELL . I am the mother of the last witness—I remember

the night Edwards was brought home by the prisoner—on tie following morning the prisoner told me that Edwards was his son—he said, "He is a nice youth, is not he?" putting his hand on his head;" do you think he is like me?"—I said, "Yes"—on the Monday before Christmas the prisoner said to me, "Mrs. Mitchell, are you so stupid as to think he was my son?"—I said, "Yes"—he said "No; his father is a friend of my brother, and he is a nointed young rascal; after keeping him two days and two nights, he got up in the morning and robbed me of 1d.; his father wishes me to get him to sea, but I am afraid his father will have a handful of him."

Cross-examined. Q. Did you hear the prisoner sing? A. Yes, at home, he and his wife together, I never heard him sing at a concert—I believe he sang a very good song—he never sung in my company.

ELIZABETH EDWARDS . I am the mother of Alfred Edwards—my husband is dead—my son is sixteen years old—he left home on 6th Dec, about 1 o'clock, he returned on Sunday night—he was more like a mad boy than anything else—he seemed to have been drinking very much—he was in an excited state, and had no shoes on his feet—I do not know a person named Nunner, I have heard my husband mention him—my son had boots on when he left home—he was never out all night, except on that occasion but when he was at work at Sydenham—he was never out without our knowledge.

Cross—examined. Q. In what year was he born? A. I cannot recollect at the present moment—he was sixteen last September; I have no doubt about that—I have his age down at home—I have never seen him the worse for liquor on any occasion before—I am not aware that he used to drink rum—there is a public house opposite our house—he never went there for half a quartern of rum, and brought it home and shared it with me—I never knew of his drinking nun—I cannot tell what he drank when he was out—his usual hour for coming home was 10 or 11 o'clock—he went to a theatre one night, and it was near 1 o'clock when he came home.

THOMAS CUNDFE . (policeman, S 368). I took the prisoner on 8th Jan.—I told him I apprehended him on a charge of endeavouring to prevent Alfred Edwards from giving evidence against Tuck and Walford—he said, "That is all done with"—I said, "It is not"—he said, "I merely took him to my place—as he had no home to go to"—I knew the prisoner—I had seen him before, and Wagstaff and Nunner with him repeatedly—they are constant companions of his.

Cross-examined. Q. Where did you take him? A. At the African public house, in Somers Town, about 3 o'clock—I took Edwards to Mr. Allen—I had known Edwards three or four months at the time I took him against Tuck and Walford.

GUILTY . Aged 40.— Confined Two Months.

Sixth Jury.

Reference Number: t18570202-336

336. GEORGE STEPTOE, THOMAS BANKS , and CHARLES GEARY , stealing 4 cows, value 90l.; the property of Edward Evans. 2nd COUNT., receiving the same.

MR. METCALFE. conducted the Prosecution.

EDWARD EVANS . I am a milkman and cow keeper. I live at No. 70, Huntingdon—street, Hoxton—I have a cow shed in Park-street, East-road, I had six cows there—I left them safe at half past 5 o'clock in the evening, on 9th Jan.—I returned at half past 8 o'clock, and missed four of them, two of them were almost black—one was a strawberry colour, and one a light colour—I know Steptoe—he has not worked for me—he lived for some little time at

Hoxton, not far from me—I have since seen the skins of my cows produced by the policeman in Geary's house—I identified them—they were the skins of the cows I speak of—one was the light one, with a broken horn—all those cows were in milk, and two of them were in full milk—they were lost on Friday night, 9th Jan., I saw the skins on the 10th—the lock of the shed was picked—I left it locked, and it was open when I came back, but the look was not broken.

Steptoe. Q. You have known me many yean? A. About six or seven years—I did not see you at all on the night I lost my cows—I have never had any dealings with Banks—he has been in my shed, three weeks or a month before Christmas—I dare say he might know I had five cows—I saw the hides on the Saturday night, they were ail packed up, with a cord round them—I have seen them since in the police court—I saw all the four skins—I opened them myself—one was a strawberry colour, with short horns—two of the cows were nearly dry—I valued them at the station at 60l.—at the police court I valued them at 90l.—I did not make that difference because you owe me a little money—I value them at between 60l. and 70l., on my oath I would give 60l. for cows like them—I never knew of your committing any depredation.

COURT. Q. Does he owe you money? A. Yes, seven or eight years ago. Banks. Q. Had you not two cows that gave very little milk? A. Yes—you took the four best away, and left the two worst behind—I had a pig in my shed when I lost my cows.

ELLEN STATHAM . I live in Providence-place, Hoxton, with my parents, On 9th Jan., I was in Park-street, I saw Steptoe and passed him, and when I came back he was at Mr. Evans's shed door, doing something with his hands at the shed door, but I could not see what he was doing—his hands were in the middle of the two folding doors—he crossed the road and went away—I am sure it was him—it was about half past 6 o'clock.

Steptoe. Q. You saw me coming from where? A. You were coming from the East-road, and were ten or twelve yards from the East-road—there are two lamps, one near the shed, and the other near the corner—you were not under the lamp when I first met you—I was going on an errand, and when I came back you were at the shed door—I did not see your face then—you had a macintosh coat on.

Steptoe (putting on a macintosh). Q. Is this the coat I had? A. It was one similar to it—you had a hat on—you went towards the East-road again when you left the shed door—I had an opportunity of seeing the shed door after you left; it did not seem open to me.

MR. METCALFE. Q. Did you see Steptoe's face? A. Yes, not when he was at the shed door, but when he came away, and was under the lamp—he crossed over to the side where I was.

COURT. Q. Did you know him before? A. No—I was going on an errand, and I returned and saw him again—I was a minute or two gone on my errand—I met him and passed him the first time, and when I came back he was at the shed door—when I first passed him, he was eleven or twelve yards from the door.

BENJAMIN SABERTON . I am a bricklayer, and live at No, 3, Agnesterrace, Tabernacle-square. On Friday night, 9th Jan., I went to No. 11, Park-street, which is right facing the shed where the cows were kept—it was about five minutes before 8 o'clock—after I had knocked at the door, I saw the gate of the shed, on the right hand side, thrown open, and I saw three

or four cows come out; I did not notice which—I saw a man standing in the middle of the road, preventing the cows from going into the East-road, and turning them towards Pitfield-street—I had at that time knocked at the door—the person came to the door—I was in the act of delivering the clothes I had, and while I was doing that, the cows had got a little way ahead—when I got back to the end of Park-street, there was a boy on the left, leading four horses, and the prisoner Banks, I believe it was said, "Don't be alarmed, or don't be frightened, the cows won't hurt you "—the light coloured cow wanted to return home again, and Banks was in the act of turning that cow back—I saw him do that, driving her back to the rest—I cannot tell the colour of any of the other cows-Banks had a dark coloured cap on, and a waterproof coat on—there being a good gas with four or five burners, there was plenty of light—there was another man whom I saw at the shed first of all, but I could not swear to him.

Banks. Q. You say you saw me in Park-street? A. No, at the end of Park-street, on the left, before you come to the Haberdashers' Almshouses—you had a dark cap and a waterproof coat on. (Banks here put on the waterproof coat, and said, "Had I this coat on?" Witness. It was one like it.)

COURT. Q. Did you see whether the gate of the shed was closed after the cows came out? A. No, it was left open.

EDWARD BURROWS . I am a greengrocer, and live at No. 37, Pitfield-street, which is, I think, a quarter of a mile from Park-street, East-road. I was standing at my shop door, on 9th Jan., between 7 and 8 o'clock—I saw four cows go by, two of them were Dutch cows, black and white—they were going towards Old-street, Steptoe was driving them, and another man who is not here, was walking on in front of the cows—I knew Steptoe before, and can speak positively to him—he called to the other man and said, "Turn them round the corner"—that was towards the City-road.

Steptoe. Q. You have known me some considerable time? A. Yes, seven or eight months ago, I used to work at a butcher's—you used to come and want to buy the bladders—you never bought any o£ me—this was about eight o'clock, I cannot say whether it was five minutes before or five minutes after—you had a waterproof coat on and a light cap.

COURT. Q. Are you sure he had a light cap? A. Yes.

MR. METCALFE. Q. Was the cap produced at the police court? A. Yes, by the prisoner himself—my place is a minute or two's walk from Hackney-road.

WILLIAM BUDD . I am a dairyman, and live at No. 1, Great York-Street, Hackney-road. On Friday night, 9th Jan., I was passing down' Charles-street, Mile End New Town, which is about a mile and a half from Pitfield-street, Hoxton—it was about a quarter before 9 o'clock—I saw four cows, which they were trying to get into No. 7; I helped to drive them into the house, through two rooms and into the slaughter house—they were driven in by Steptoe, and Banks and another, who had a cap on with a peak to it, and the cap coming over his ears—Geary lives ill that house—two of the cows were black and white, one red and white, and the other strawberry colour—I afterwards went and saw the hides there—they were the hides of the cows which I had seen alive—I do not know whether Geary has any licence—I have seen loads of hides go from there, five or six years ago.

Cross-examined by MR. RIBTON. Q. Do you know Geary? A. Yes, and

he knows me—there did not teem anything irregular in seeing cows go there, but I thought they were too good to be killed—I have seen meat taken away from there some years ago, when I used to pass there.

Steptoe. Q. You saw me there on the Friday night? A. Yes; and I saw you drive the cows in—you, and Banks, and I assisted; there seemed a good deal of hurry in driving them in.

Banks. Q. What dress had I on? A. A black hat and stocking over legs—(The deposition was here read: At the end of Budd's examination the prisoner Banks voluntarily said, "I was one of them that helped to get the cows in; there were about a dozen of us."

COURT. to WILLIAM BUDD. Q. What became of Steptoe and Banks? A. Steptoe and the other, the tall man, followed the cows in—I walked away; Banks walked away as I did—he walked two or three doors on; I spoke to him as be walked along—I passed him and walked away.

JAMES BURROWS . (policeman, N 392). I received information, and on Saturday evening, 10th Jan., I went to Geary's place, No. 7, Charles-street, Mile End New Town, about 6 o'clock in the evening; I went into the back yard, not into the slaughter house—I apprehended a man of the name of Bonner, who was afterwards discharged—while I had charge of Bonner Geary came down stairs, and said, "Halloo, who are you? I belong to the house "—I said, "Do you belong to the slaughter house also?"—he said, "Yes "—I said, "Where is your licence?"—he said, "I have got none; on licensing day I could not get home in time "—I told him I was a police constable, and I took him into custody for receiving four cows, knowing they were stolen—he said, "I did not know they were stolen; I was at Stratford last night, and did not get home till a quarter before 11 o'clock; the cows were in the slaughter house then, and one was killed; I then assisted in slaughtering the other three "—I then said, "Where are the other two carcases?"—he said, "A man named Borritt has bought them" I said, "Where does he live?"—he said, "In Tyson-street, Brick-lane "—I said, "Who sold them?—he said, "The man that brought them "—I then took him into custody.

ISRAEL WATTS . (policeman, N 184). I went with the last witness to Geary's house—I went into the back yard, where the slaughter house is—I saw two carcases of cows hanging in the slaughter house—I also saw four skins tied up in a small compass with a piece of rope; they were the skins that the prosecutor identified, and there was the broken horn that he spoke of—I am a butcher by trade—those cows were in milk.

Cross-examined Q. They were properly slaughtered? A. Yes; two of them were in good condition—the other two were very poor.

THOMAS MAVERTY . (police sergeant, N 43). I went to Geary's house—I took Steptoe into custody on the Sunday morning—I found him in Thomas-street, Hackney-road—I told him it was for stealing four cows in Park-street—he said that he knew nothing of it—he asked me the time; I told him; he said, "That will do, I can prove I was at the West End at the time "—on the following morning, at the police court, he wished to have an interview with me, and he said, "I wish to tell you the whole facts of the case; I was employed by Banks to go to drive some beasts; Banks and I went as far as the almshouses in Pitfield-street, where he told me to wait till he came back—he went and returned with four cows, and I helped to drive them to Geary's house."

Steptoe. Q. Did I make any resistance? A. No; you walked quietly—you did not endeavour to avoid me in any way—you stated what you did voluntarily—since

then you said there were two other parties concerned in stealing the cows, whose names you did not know—one you called Tom—I saw a woman that lived with you; she brought a message to the station, but nothing of any importance, she said those two men that were concerned in stealing the cows were seen by her in a place convenient to her residence—I have tried to take them into custody.

JOSEPH STATHAM . (policeman, N 347). I also went to Geary's house and while the others were engaged I saw a man drop from the first floor window—I do not know who that man was, he went round the wooden fence and got away—I called to a constable, and he took one man, but it was not the right man—I went to Steptoe's house after he was taken in custody—I found three or four pieces of beef, the kidney of a beast, and the root of a tongue.

Steptoe. Q. I told you where I lived? A. Not me—I heard you tell the last witness—the meat was in a salt pan—it was fresh.

GEORGE BORRITT . I am a pork butcher, and live in Turk-street, Tyson-street, Bethnal Green. On Saturday, 10th Jan., about half past 7 o'clock in the morning, Steptoe and Geary came to my shop—Geary said, "Are you a buyer of any beef?"—I said, "What have you got?"—he said, "I have got four bodies of beef, I can sell you "—I said, "What are they?"—he said, "Come down and see "—I went down to his place about 10 o'clock—I went in the slaughter house, and saw four bodies of beef—I believe they were cows—Geary asked me 3s. a stone for the four, I gave 2s. 8d., that would come to 32l.—I took one away first, about 1 o'clock, and the other an hour or two afterwards—I afterwards went for the other two; but before I got there, they were taken away—I was to have paid Geary, and I should have paid him, if I had had the remainder home.

Cross-examined. Q. You had two? A. Yes—I did not pay any one for them, I did not pay till I had the other two home—I knew Geary, as a man that keeps a slaughter house—I have bought scores of bodies of beef of him—he has the selling of beef belonging to other persons, some—times—2s. 8d. a stone was a fair price for what I bought—as far as I know, Geary is a respectable man—one of the carcasses was taken to my house about 1 o'clock in the day, and the other in the afternoon—I sold one side of them to a friend of mine—I buy of many other slaughtermen.

MR. METCALFE. Q. Can you tell us anybody that Geary has beasts from to slaughter? A. No, I do not know that I can tell any one's name—there are two men in the gallery now whose names I do not know—I cannot tell the name of any one from whom he has received beasts to slaughter, it is what he has told me—this is a slaughter house and a yard—I have been in the slaughter house scores of times—the way to it is through two rooms—there is a parlour and another room—I never knew how the beasts came in—when I have been there, I have gone through the parlour and the other room—I am not a judge of whether it is usual to kill cows in milk.

MR. RIBTON. Q. When you have bought beef of him, do the parties it belongs to come with him? A. No, he came by himself at other times, but this time Steptoe came with him.

COURT. Q. Do you see two men in the gallery from whom he has received beasts to slaughter? A. Yes, I know them well. (The COURT. directed the two men to be brought down and placed in the body of the Court, which was done.)—I have seen them at Mr. Geary's slaughter house several times—I do not know their names, nor where they live—it is some time since I saw them there—I have not been down very lately, not so often as I used—he

has not had much, I suppose, to suit me—I cannot, tell how long it is since I saw these men there—I have heard that Geary slaughtered for those two men—he has told me so, and I have seen them there, and Geary said, "This beef, that I am selling to you, belongs to this gentleman "—one of them has been there at a time—2s. 8d. a stone was a fair price for the carcass, without the head and the offal, those we do not buy—I should not know the names of those persons if I were to hear it—I never heard their names—I saw them in the place below—I had no conversation with them—I cannot say I did not speak to them—I spoke to both of them—I said, "Will you have a drop of something to drink?"—we had a drop of something—we did not talk about this case—they are not friends of mine.

Steptoe. Q. You bought the four cows, was there not a great deal of difference in them? A. Yes, two of them were worth 1s. a stone more than others—I have bought cows of Mr. Evans, and paid him the money for them—I have known you some time by sight—I have seen you, but never knew your name.

COURT. Q. I suppose the two that were worth the most were the largest and the heaviest? A. Yes; but I had the four at one price—32l. 16s. was to be paid.

JOSEPH HENRY CHAPLIN . I am scaleman to Messrs. Mitchell and Sons, Whitechapel-road. I bought some fat of Geary on 10th Jan.; there was eighteen stone, with the sack and all—it was beast fat—it was brought into the shop by some man I did not know—Geary was at the scale—I weighed it—it was 3s. a stone—I bought it of Geary—I have known him some years—he has brought fat there.

Cross-examined. Q. Have you known him as a killer of beasts? A. Yes, I believe so—he brought a great deal of fat, and used to take his cheque weekly—it is customary for the slaughterer to sell the fat; as far as I know, Geary is a respectable man.

RICHARD TAYLOR . I am clerk to Mitchell and Sons. I gave Geary 2l. 12s. 0 1/2 d. for this fat—not a cheque, I paid the money.

Cross-examined. Q. What time was this? A. It was before noon—I have known Geary some time, I had no reason to doubt his being a respect—able man—I supposed he was a slaughterer of beasts, but many bring fat who are not slaughterers.

HENRY LAMBERT . I am a tripe dresser, and live in Cambridge-road; I know Geary. On Saturday, 10th Jan., I bought the offal of four cows of him, at 8s. a piece, for 32s.—he came and told me he had four offals—I bought them, and my man brought them to my house—I have known Geary some years.

COURT. Q. Was 8s. each a fair price for that sort of offal? A. Yes; they were rather plain—not fat.

JOSEPH STATHAM . (re-examined). I took Banks into custody on 12th Jan., at No. 12, Eden-place, Ivy-lane, Hoxton—I told him I charged him with being concerned, with others, in stealing four cows from Mr. Evans's shed in Park-street—he said nothing then that I could understand, but in bringing him from the police station in the morning, he said, "Have you any one else concerned in this business?"—I said, "Steptoe"—he said, "What does he say on the matter?"—I said, "He says that you planned the whole"—Banks said, "That is wrong, he planned the whole; I would have nothing to do with it, only to help to drive them in."

Banks. Q. What time was it, was it not near 6 o'clock? A. No; I do not think it was 5 o'clock.

Steptoe's Defence. I have known Banks many years, and have worked for him latterly; he came to my house, and employed me for the purpose of driving these cows; he came on Friday morning, and said he would give me some work in the evening; I walked with him to Gibraltar-walk, and he told me he would tell me what time he should want me in the evening; at past 7 o'clock he came to my house, with two other men; I went with them towards Pitfield-street; he said to me, "Do you know Mr. Geary?" I said, "Yes;" we had some beer, and he said, "I want you to drive four cows there; I do not think I shall send them to market; I know a good many people buy beasts of him;" he took me to the almshouses; I waited there till ten minutes to 8 o'clock; I went back, and saw four cows coming; Banks came to me, and said, "Yon understand driving better than I do; drive them on; I will go to Geary's, and get the place ready;" when we got there, Banks was standing at the door, talking to Mrs. Geary; Banks said, "They are mine," and the cows were driven in, and he said to me, "You remain here, and I will pay you for your trouble; tell Geary, if he likes to sell the offal in his name, and the fat in his name, as he generally does; and if you can get a customer for them, I won't take less than 2s. 8d., and I will allow you the commission, 1d. a stone;" he gave me a drop of beer, and he said, "If you like the kidneys and tongues, you can have them;"I went in; they knocked the cows down, and whilst doing that, young Mr. Geary came in; I said, "Where is your father?" he said, "He is down at Stratford, he won't be long;" they got one cow up, and Mr. Geary came in; I said, "Mr. Banks has sent four cows, and he said he will be here presently f the cows were dressed, and we went into the room, and had some coffee; we went to Mr. Borritt's; I remained at the door; Geary went in, he came out and said, "He will come down about 10 o'clock;"I took the kidney and a portion of the skirt home with me; I went to Banks; he was not at home; I then went to Mr. Geary, he said, "I have sold the cows for 2s. 8d.;" he was then taking the fat; I said, "I want the money, what do you reckon they weigh? will you oblige me with half a sovereign?" and he gave me a half sovereign; I went home, and I wanted an article that I had to get an affidavit for; I went to Worship-street, and waited there from half past 2 till 4 o'clock in the Court, to get the affidavit signed; I then went home; I can only say that I know nothing of the transaction; I have a witness to prove that Banks came to my house; I can likewise prove that I did not wear a hat that night, but it is not worth while, because I admit I drove the cows; it must be clear to all that I was not there at hall' past 6 o'clock.

Banks's Defence. About half past 5 o'clock that evening I came home, and two men came to me; one is named Kidd, the other's name I do not know; they asked me if I could help them drive four cows; I said, "Yes, where?" they said, "To Geary's house;"I went and knocked at the door; I saw Mrs. Geary; I said, "Is your husband at home?" she said, "No;" I said, "Here are four cows for him f I went behind the cows and helped to drive them in; I looked and said, "These are milk cows, they are worth more alive than they are dead;"I went away, and had nothing more to do with them; as to what this man says, it is all untrue.

ELIZA HILLIER . (examined by Steptoe). I was at your house on Friday four weeks; I remember Banks calling on you on that Friday morning—he said he had some work for you to do in the evening—he came again in the evening, about half past 7 o'clock, and two men with him; you were having your tea; you went away with him—Mr. Banks came again about

11 o'clock, and he said you were at work for him, and you would not be at home for an hour or two; Mr. Banks had his macintosh on, and his leggings, and when he came at 11 o'clock he had his big great coat on—he came twice on Sunday morning, dressed in deep black—I did not tell him you were in custody—I did not know it—he did not come after the detectives had been—you wore a black cap on Friday—you never wore a hat—I have got the affidavit in my pocket, to prove you were at Worship-street on Saturday.

COURT. Q. Where did you get it from? A. He left it at home at his place.

MR. METCALFE. Q. How often have you seen Banks? A. Several times—five or six times—Mr. Steptoe has seldom been at home when he has come—they have gone out together about twice—Mr. Steptoe lives at No. 3, Smith's-buildings, Hackney-road; I was at that time living with him.

COURT. Q. How long had you lived with him? A. Nearly four yean—I shall be twenty-two years old next April—I have not a husband.

Banks. Q. Does Steptoe owe me any money? A. I know nothing about that.

STEPTOE— GUILTY. of stealing. Aged 38.

BANKS— GUILTY. of stealing. Aged 60.

Confined Two Years

GEARY— GUILTY. of receiving. Aged 40.— Four Years Penal Servitude.

THIRD COURT.—Saturday, February 7th, 1857.

PRESENT—Mr. Ald. COPELAND. and MICHAEL PRENDERGAST., Esq.

Before Michael Prendergast, Esq., and the Ninth Jury.

Reference Number: t18570202-337

337. GEORGE DAY and WILLIAM HARNWELL , stealing 1 gelding, price 3l. 10s.; 1 cart and 1 set of harness, value 2l.; the goods of Joseph Grout.

MESSRS. COOPER. and ORRIDGE. conducted the Prosecution.

JOSEPH GROUT . I live at No. 15, Slater—street, Bethnal-green, and am a fancy trimming maker. On 22nd Dee. I had a pony, a cart, and harness for sale, and on the 24th Harnwell came to my house about 9 o'clock in the morning—it rained very hard, and he had a waterproof coat on—he asked me if I would allow him to take my pony and cart and harness to show to a customer—I said if he would bring it back safe, but I asked a neighbour named Bolter to go with him to see that he safely returned it—Harnwell was to drive, but they were both in charge of it—I only knew Harnwell by having a card from the place where he worked—that was the reason I let him have it—I instructed them not to sell it or get rid of it in any way; but if it suited the party, I would sell it him if he came to my house—I was to have the determining of whether I would sell it or not—I gave them no authority to sell—on the same night, about dusk, Bolter came back, and brought me a sovereign, which I would not take, and he holds it now—in consequence of information, I went to the house where Day was represented to live; it is at a wharf in Agar Town—Day was not to be seen that night, but I saw him on Christmas morning, and said, "I have come for my pony and cart, I have information that they are here;"

he called a man named May, who said, "There has been a tall man here this morning, and I am to give the pony to no one but him "—Day had said that it was not on the premises, but was in the country—I said, "Here is my name on my card, which will prove that it is mine, as my name is also on the cart;"May said, in Day's presence, that they were not to be given to me, as he had received directions—I said, "Well, if you will not give them to me, I will go with you to the station house—I showed him this bit of paper, and said, "Is this the piece of paper you sent to me by Bolter, last night?"—he said that it was, and I claimed to have them returned, but he would not—he said that he could not tell whether I was the right man, and he did not want to tell—when Day said that they were in the country, I said that I should go to the station house, and get advice—I did so, and returned with a policeman—we saw Day and May together—Day read this receipt to the policeman, and then said, "Now, if you don't go, I will kick you out"—I said, "I don't wish for that, I will go "—this is the paper—(Read: "Received of Mr. G. Day 1l. as deposit for pony, cart, and harness, and 11l. to be paid in one month. Dec. 4th, 1856—price as agreed, 12l. Bolter")—he did not put this into my hands—he said, "I shall not let that man hear or see it," but he read it over to the policeman—I am sure this is the same piece of paper, because I leaned over the constable—the constable afterwards told him not to let the horse and cart go off the premises—it was about two or three days afterwards that we found the horse and cart on May's premises, which Day represented to be his—it was on the Tuesday evening after Christmas—on the Sunday night we bad gone again with two constables, and told May not to let it go away—Day was not to be seen—I afterwards went with the policeman to Day's house, No. 6, King-street, Clerkenwell, and saw his wife—I saw Day, I think it was one or two nights afterwards; I identified him, and he was taken into custody—I cannot say whether it was Thursday or Friday.

Cross-examined by MR. SLEIGH. Q. How long had you been trying to sell this pony and cart before Christmas? A. About a fortnight or three weeks—I had had no offer for them—I only offered them for sale—I have known Bolter a very short time—he was sober when he came to me that morning—it was on the day before Christmas day—when he came back about dusk, he brought me a piece of paper and a sovereign—I gave the paper to Mr. Lewis—he did not tell me that he had sold the pony and cart, he told me that the man had taken it away from him, put it into a stable, and would not let him have it, and said, "Take this to your master"—he was quite stupid and intoxicated when he came back—I saw Day on Christmas morning at the stables in Agar Town—he represents that he owns stables there, but they are not his premises—a policeman found him at King-street, Clerkenwell—I was outside—he did not tell me on Christmas morning that he had bought the pony, he called Mr. May in to answer for him—I cannot swear that he did not tell me he had got them and had bought them the day before, or that he did—I do not know that he said, "I have them, and I bought them yesterday"—I will not swear that he did or did not—May said that he bought them and paid for them—Day did not say, in my hearing, that he had paid 1l. on account, and when the rest was paid I should be paid—I do not know that when I asked him if he had the pony and cart, he said, "Yes, I have got them"—I will swear he said that they were in the country—I did not bear him say, "I have got them"—he did not say, in my hearing, that he had bought them yesterday—Mr.

Pore went with me and Bolter—we were all in the room together—when I saw Day on Christmas morning, his answer was not that he had bought the pony and cart: not in my hearing—I did not see Day on the Sunday, I did on Christmas day—he did not say to me on Christmas day that he had bought it—(The witness's deposition being ready, stated, "I saw Day on Christmas day, he said he had bought it")—he might have said so to my wit-ness; he did not say so to me—he must have said that he bought it for 12l. when he read the receipt.

COURT. Q. Did you go with Bolter on Christmas morning? A. Yes, I saw Day, and he showed the receipt to the policeman—that was not in King-street: I have made a mistake—I am clear now that he gave me the receipt in Agar Town, on Christmas day—he read it over to the police-man, and I saw it.

MR. SLEIGH. Q. Did not he say that he had no evidence that you were the owner of the horse and cart? A. Yes—he did not say in my hearing, "If you are the owner you shall have the rest of the money when it becomes due"—I will swear that, and he said that if I did not go he would kick me out—he was in Agar Town—he did not say, "If you have any complaint against me, fetch a policeman, charge me at the police station," nothing of the kind—I have no witness to prove that Day said that it was not there, but was in the country—I will not be sure that I have made use of those words before—I do not know that I was asked the question—I should have said so if I was asked, but I do not think I was—I accompanied Day to the police station—he there asked me to give him in custody—I would not do so till I had further advice—I cannot tell what day that was; perhaps the constable can—it was not when I went to Agar Town; it was when I went to King-street, and the policeman had got him in custody, but he was not really in custody—I do not know whether May is here—I will swear I did not ask Day, on Christmas day, to let me have 2l. or 3l. more, as I was short of money.

JAMES BOLTER . I live at No. 7, Swan-court, Bethnal-green. On 24th Dec I took out a pony and cart belonging to Mr. Grout—Harnwell was with me—we went to a farrier's on Holborn-hill or Snow-hill, I do not know which—the pony was taken out, and Harnwell dyed it's face—it had grey spots on it's forehead, and he put a kind of liquid on which changed them to a pink—I had no hand in it—I do not know what he did it for—Mr. Stadden was the farrier to whom it was to be shown, but he was not at home.

COURT. to JOSEPH GROUT. Q. Who was the person it was to be shown to? A. This is the card—(This bore the name of Mr. Stadden, veterinary surgeon)—I thought he was a business man, and that I could trust him—he was likely to buy it, Harnwell was in his employment, and worked occasionally for him.

JAMES BOLTER . continued. He put the liquid on with a bit of sponge, which gave it a pink face—he asked me if I would have something to drink, and took me to a public house close by, and gave me a drop of gin and beer, leaving the pony at the farrier's—we came back and waited about an hour or two—the pony was then put to, and driven to a public house near St. Martin's-lane; the Strand end, where Harnwell jumped out, and told me to wait there a quarter of an hour, while he went to fetch that customer—I waited a quarter of an hour, and he came back with Day, who said, "Is this the pony and cart that are for sale?"Harnwell said, "It is;"Day asked me the price, I said that I did not know the price, as I was not authorised

to sell it—I had no authority to sell it, I was told only to show it, and to see that it was safe—Harnwell was not told the same thing, that I know of—he was not present when I was told that—after that Day asked Harnwell if he would have any thing to drink—he said that he did not mind—they called for a pint of half and half) and gave me some of it—we then went out, and Day asked me if I would allow him to drive a little way, just to try him—he did so—I was in the cart, and he went to a wharf in Agar Town, where he got out, and gave orders for the pony to be taken out and given some corn—he gave me some ale, and pressed me to have some more, but I did not as I was getting stupid—he told Mr. May to write a note, and told me to write my name to it—I asked him if it was all right, and he said, "Yes."

COURT. Q. Did Day tell you that he was buying the horse and cart? A. No; he only told me to put my name to the paper, and I did so; and then Day gave me a sovereign—I said that I did not believe I was doing right, but Day said that it was all right—I did not read it before I put my name to it—I can only put my name and read it—they did not read it over to me—I did not tell them they must read it over to me before I put my name—I found myself very stupid after I drank a glass of ale which Day gave me in the kitchen of his house—I only drank one; I refused to drink more, because I felt stupid—I did not ask Day if it was right to leave the pony, but if it was right to put my name there, and he said that it was doing quite right, and told me to send Mr. Grout up next morning about the pony and cart, as he could settle as well on Christmas day, as the day before—I took the paper and the sovereign to Mr. Grout, and he would not take it.

Cross-examined. Q. How long have you known Mr. Grout? A. Six or nine months—Harnwell has not been in his employment, that I know of—I am only a stranger, doing jobs—when I went back I did not tell him that Harnwell had sold the pony and cart—I did not know whether the sovereign was a present to me—the paper was given to me in an envelope.

MR. ORRIDGE. Q. Is this the paper? (produced). A. Well, I believe that is my signature—Mr. Grout took the paper, but he would not take the sovereign.

MR. SLEIGH. Q. How far did you drive up Si Martin's-lane, before yon stopped? A. I did not drive—I do not know Long Acre, or Bedfordbury; I am a stranger there—I did not notice lots of carriages going in and out of a great building—Harnwell was away about a quarter of an hour, when Day came back and fetched the pony and chaise—Day did not examine them much, he only asked what was for sale—as soon as he had looked at them, he and Harnwell went into the public house—they did not stop there five minutes—Harnwell did not get into the cart, only I and May—I was not right in my senses, or I should not have taken the sovereign—I heard him say, "Tell Mr. Grout to come to-morrow morning."

Q. How did Mr. Grout know anything about Day, except from the information you gave him? A. I believe it was in the paper he gave me.

COURT. Q. Did you go afterwards to the premises with Grout? A. Yes, on the same night—I did not see Day then, but I did on Christmas day—he did not, in my presence, say anything about their being in the country—I was not in there above two minutes—I did not hear him say that they were his premises—I have seen the place that Deeble broke open; that was the place that Day took me to.

JOSEPH DEEBLE . (policeman, H 195). On 29th Dec, from information

I received, I went to May's premises, in Agar Town; broke open the stable door, and found the pony and harness in the stable, and the cart at the door.

Cross-examined. Q. Was May present when you broke the stable door open? A. Yes.

JOSEPH GROUT . re-examined. The pony, cart, and harness, are mine.

DOMINICK HEALEY . (policeman, S 295). On 14th Jan., I took Harnwell into custody—I told him the charge—he said that it was not likely that he should be trusted with the pony and cart, and that there was another man in the cart with him, which the prosecutor knew—he had at first said that he did not know anything about it.

Crass-examined. Q. Did you go with Grout to the stable in Agar Town, on any occasion? A. No, I heard no conversation between Grout and Day (Paper read: "24th Dec, Rochester-wharf; pony, cart, and harness, 12l.: will be at home on Christmas day from 10 till 12 o'clock, and shall be glad to see you. G. Day.")

Harnwell to JOSEPH GROUT. Q. I want to know the day you first saw me, and who you saw me with? A. Two days before, you came with another man, and left this card—Mr. Stadden came to me, and we all went to a public house; he asked me if I would let this man have the pony, if he came for it, and I said, "Yes, I will trust it with you, if you come"—Mr. Stadden said nothing to me about having the pony's face dyed—I put no price on it—I said I would not take any price yet, as I had not made up my mind—that was when you asked me if I would take 8l. or 9l. for it—Stadden had a look at the pony—it was rather grey and old—he said, while he was in my yard, that he should do something to it—I did not know who was to look at it, but there was a customer of some kind; his name was not mentioned—I did not know whether Stadden was going to buy it, or who—I expected that some person would Bee it at Stadden's—I put no price on it—I did not send it out for sale, but to be shown—I did not tell yon to sell it.

MR. ORRIDGE. Q. What is the value of the pony, cart, and harness!? A. About 6l.

Harwell to JAMES BOLTER. Q. What was it that you were sent out for? A. Merely to see that the pony and cart were safe, and that they were returned—I did not sell them to Mr. Day—I did not ask him 16l. for them, or any price—I did not ask him what he would give for them—I did not say, "Will you give 12l. for them?"—I did not sell them—I was not in my right senses when I took the money.

Harnwell's Defence. Two days previous to the sale of the pony and cart I went with a man who wanted me to look at a silver plated set of harness, at Mr. Grout's, but it was sold; Mr. Grout said, "The pony, cart, and harness are for sale, do you know anything about a customer?" I afterwards heard of a customer, and when I was at Mr. Stadden's shop I said, "You are going out this afternoon, you had better take a walk down and see what that pony and cart are worth, and whether 1l. can be made of it;" I went there, and asked Mr. Grout if it was for sale; he said, "Yes," and we went and looked at it; we then went to a public house and got a pint of beer; Stadden said, "Let it come down to my place to-morrow morning, because it wants a little alteration; the pony has got too much white, but he has got a goodish mouth, and by making a little alteration it will fetch a pound or two more;" he said that he would not take a halfpenny less than 8l. for it; next morning I went; they put the pony in the cart; I jumped in, and Mr. Grout drove away from his own door himself; he afterwards dropped

the reins into my hand, and that was the reason I drove; he said to Bolter, "If you do not sell them, I want you to go to another place this afternoon; I went to Mr. Stadden's, and just washed the pony's face, and made him look a little better; I had to be at the Repository in Leicester-square at 11 o'clock, and I left Bolter in the cart, and said to him, "I shall not be gone above 10 minutes or a quarter of an hour, as you want to get home;"I went and looked round the Repository, and saw a man named Watty, I do not know his other name; I asked him if he had seen a party buying a pony and cart; he looked round, saw Mr. Day, and said, "Here is a man who will buy it;"Day said, "What is the price?" I said, "I do not know;" he went to a public house and asked Bolter whether that was the pony and cart which were for sale; he said, "Yes," and asked 16l. for them; Day said, "I will treat you for fetching me, but it is no use to me at that price;" we had a pint of half and half, and Bolter said, "What will you give?" Day said, "I will give you 10l.;" Bolter said, "My master has been offered that over and over again;" Day said, "I do not mind giving you 12l.;" Bolter said, "You shall have it;"Day said that he had not got enough money in his pocket, but asked him to drive to Agar Town; he did so, and I stopped at the public house; all that I was to receive for my trouble was 5s., and I expected to get a little out of Mr. Grout; what was done afterwards I do not know.

MR. SLEIGH. called

GEORGE SMITH . (policeman, S 388). On Christmas day I heard a conversation between Day and Grout at Rochester-wharf—Grout went to get the money, or the pony and cart—Day said, "I shall not pay you, I shall pay Bolter, the man that I bought them of, and I shall pay in a month's time, as the agreement was yesterday with Bolter"—they appeared to be strangers to each other—Day said, "That is the man I bought it of, and that is the man I will pay"—Grout showed him a paper to satisfy him, and said, "Cannot you pay me now?"—Day said, "No, being Christmas time, I am very short of money"—Grout said, "Cannot you pay me a portion of it now?"—he said, "No, I am short of money, being Christmas time, and I will pay you in a month, as agreed."

COURT. Q. Grout insisted upon having the money or the horse and cart, and he could not get either? A. Yes, Day said, "I will pay you when your money is due"—I believe Grout asked him where the horse and cart was, but I did not hear Day say where it was, or that it was sent into the country—Grout said that he had entrusted them with Bolter to take out and sell them—I did not hear it mentioned that he was to bring them back, or that Bolter had no authority to sell them on credit.

Cross-examined by MR. ORRIDGE. Q. Where were you when this conversation took place? A. I was at the house in Agar Town, in the front parlour, with Grout and Day—I was there with them ten minutes or a quarter of an hour—I cannot say who called me in; I was at the police station on reserve, and Mr. Grout came, and the reserve sergeant told me to walk up with him, and I did so—Mr. Grout began the conversation about paying part of it—neither the receipt nor any money had been seen then—I saw no money or receipt offered—a paper was produced; I heard it read—I cannot say what it was—they were reading it between themselves, but Bolter said that he had signed his name to it—I was not examined before the Magistrate—I was first asked to give this evidence on Wednesday, by Day—he came to me when I was on duty, served me with a subpœna, and said that he wanted me to attend at the Old Bailey—nothing else passed, I went on my beat, and he went away—I did not go anywhere with him—I knew of this case

being at the Police Court, but I did not know it was here till I got the subpœna.

MR. SLEIGH. Q. Did Day tell yon what testimony you were wanted to give? A. No—I did not go into a public house with him—I was on duly—Day said, "Now here is a policeman, if you have any criminal charge to make against me."

COURT. Q. Do you know Agar Town? A. Yes; I have known Day on that spot for twelve months—he has had that stable for that time.

COURT. to JOSEPH GROUT. Q. You hear that the policeman says that you said, in his presence and Bolter's, that you had entrusted the horse to Bolter to sell, what do you say about that? A. I am quite sure I did not say so.

MR. ORBIDGE. called

JOHN PORE . I live at No. 19, Hertford-street, Bethnal-green. I was present at the conversation between Bolter, the policeman, and Day on Christmas day, the second time the policeman was fetched—Day did not say, "There is a policeman," and that he was ready to go and meet any charge of a criminal nature—the receipt was read between me and the policeman and Bolter—Grout did not say while I was there that he had entrusted the horse to Bolter to sell—I saw the whole transaction; we stopped till Mr. Day ordered us out of the house—I saw the policeman first at the station, and went with him to the house—we all came away together, and went back to the station—Day did not go back with us—I swear that during the whole conversation Grout did not say that he had entrusted the horse to Bolter to sell.

Cross-examined by MR. SLEIGH. Q. Do yon say that there was nothing of this kind said, "If you have any criminal charge to make, here is a police-man, and let him take me?" A. I was there the whole time, and it was not said—the persons present were, Grout, Day, the policeman, May, and Mrs. May—Mrs. Potter was not there—there was only one female.

MR. SLEIGH. called

JOSEPH MAY . I am the landlord of these stables, at Agar Town—Day has occupied them eight months—during that time he has borne the character of a respectable man—I was present on Christmas day, and heard the conversation between Grout and Day and another person, abouts pony, harness, and cart—Grout asked Day to let him have 3l. or 4l. more money on the pony and cart—Day said that he should pay when the month was up—Grout went to the police station, and brought Smith, the constable—Day stopped till he came back, and then said that if Grout had a criminal charge to make, there was a policeman, and that he could give him in custody.

Cross-examined by MR. ORRIDGE. Q. Have you been in a little trouble about this affair A. I was given into custody for unlawful possession, but not with the other prisoners—I am Day's landlord; he occupies stabling of me—I have an extensive range of premises, covering almost a quarter of an acre of ground—I am a carman and contractor—I have a number of horses, and work for Cubitt's, and Jay's, the builders—I have ten horses—I move rubbish, and get foundations out—I carted two million bricks into Cannon-street, for Cubitt's—I was charged with having this pony and cart in my possession—I was remanded three times—I have never been charged with anything of the sort before—Day is a cattle dealer—ponies and carts have never been brought to my place before, but he had one when he brought this, on the same day—they would not let him have that without the money; it was at Aldridge's Repository—I never heard the name of Mr. Pritchett,

of Southwark—I was not with him when he bought the pony at the Repository—Mr. Smith, who had sent him with it, told me that he had bought it at the Repository—a policeman came to me, about a pony and cart, on the Wednesday night, I was in bed, and I said that the pony was not there—he asked where Mr. Day lived, calling himself the owner of the pony—I told him, and they took a cab and went to Mr. Day's, and broke the place open, and got it; Mr. Day's premises, not mine—I do not know a man named Walter.

COURT. Q. How came you to say the pony was away? A. It was away at that time; Day had got it out, but it was found there about an hour afterwards—I appeared on each occasion before the Magistrate, and was discharged—I have never had an imputation on my character in my life.

ELIZA PORTER . My husband works for the Telegraph Company, and is now at work at Gillingham, erecting a telegraph—I know May; he and his wife are friends of mine—I was there on Christmas eve, when a cart and pony was brought—Bolter came with it—he came into the kitchen, where Mr. Day was warming his hands, and I saw Mr. Day pay him 1l., and give him a paper—Bolter was not intoxicated at all—on Christmas day I opened the door to Mr. Grout, and some conversation took place about the pony; I do not know what it was—Grout went for a policeman, and I saw one come back with him—I heard Mr. Grout ask Mr. Day for money—I did not hear Day say anything about Grout giving him in charge, if he had anything against him; I left the room.

Cross-examined. Q. Were Bolter and Day both sober? A. Yes—I saw them come up to the house, and opened the gates for them—Bolter was driving Day—I heard the bargain—12l. was to be paid—Mr. Day told the man that if he was not satisfied with 1l., he was to take the pony and cart back, as he had rather see his master—Bolter said that he was satisfied.

COURT. Q. Did not Bolter say, "I am not the person to sell it, you had better deal with my master?" A. Not in my presence.

Harnwell called

RICHARD SMITH . On Christmas eve, about 2 or 3 o'clock, in the day time, I was at Rochester Wharf, and saw Day, with a man, with a pony and cart—I was present when the bargain was made—the man had his wits about him, the same as myself, and I had not been drinking—he asked Mr. Day 16l. for the pony and cart—Day said, "I will give you 10l. "—Bolter said, "I have refused that over and over again."—Day said, "We will have a drop of beer"—they went out, and when they came back, Day said, "Well, I will give you 12l., but I cannot pay you now, for I have bought a cob horse"—Bolter said, "That will not matter, if you let me know where you live," and Day pulled out a piece of paper and gave him.

COURT. Q. What are you? A. A printer—I live in Princes-street, Clerkenwell—I called on Mrs. Day the day before Christmas day, and Day said that I might put a shilling or two into my pocket, so I went there again, and Mrs. Day said that I should find him at the Repository—I went there, and stopped till 2o'clock—Day and I then went to have something to drink—he then gave me a little slip of paper to take to the Repository, and I took the other horse home for him—it was bought at Aldridge's.

Harnwell. Q. Did not you come with Mr. Day at the time he came to look at the pony and cart? A. When you spoke to Mr. Day, he said, "I am the buyer of a cart and harness;" you said, "You had better come and look at the lot," we went and looked at it, and the man said he wanted 16l. for it.

COURT. Q. Did you hear him say afterwards, at Agar Town, that he wanted 16l. for it? A. No—he said he would take Mr. Day home—they made the agreement at the public house—I overtook them in Tottenham Court-road, and turned down Store-street, and got before them—there are two ways to go to Agar Town; one way you pay the toll gate, and the other you miss it, my purpose was to miss it—the bargain for 12l. took place partly inside a public house, at the corner of a street close to Leicester-square, and partly outside it—Bolter said that he had got the selling of it, and that it was a particular friend of his—the first place I saw the man was Rochester Wharf—I was there when Day and Bolter got there—I was in the kitchen when they came in, and Day asked me to write a receipt out, as Bolter asked him for it—I wrote it out, and Bolter signed it—the agreement for the 12l. was made near to the Repository.

Cross-examined by MR. ORRIDGE. Q. Did you say that Bolter and Day drove into Rochester-row? A. Yes; I was riding on the other horse, and went ahead of them.

COURT. Q. Did you all go home together? A. No; I got home first—we parted—I went to the Repository, when Day got into the cart—I went down Tottenham Court-road, and turned down Store-street, and down Judd-street into Brewer-street—I went to Rochester Wharf, up the back road—I do not know which way they went.

Q. What made you part from them, you were going the same road? A. I never spoke to them on the way, I only passed them, I went to clear the toll—I read the agreement over to Bolter, myself, in the kitchen.

MR. SLEIGH. Q. Was Bolter perfectly sober? A. Yes; he had some of the ale, and when we were at the public house, they had a pint of porter between the three of them.

(Day received a good character.)

NOT GUILTY .

There was another indictment, charging the prisoners with a conspiracy to obtain the cart, pony, and harness, upon which no evidence was offered.

NOT GUILTY .

ESSEX CASES.

Before Mr. Common Serjeant

Reference Number: t18570202-338

338. JOSEPH MOORE was indicted for unlawfully uttering counterfeit coin.

MR. CLERK. conducted the Prosecution.

WILLIAM CRADDOCK . I am a grocer, of West Ham. On 19th Jan., about 9.30 o'clock in the evening, the prisoner came for a 1/4 lb. of cheese and some bread—they came to 5 1/2 d., and he tendered me a counterfeit 5s. piece—I detected it directly, and said, "This is a bad one"—I put it into the detector, and broke a piece clean out of it—he said that he was not aware of it; he sold some mats in the morning, and gave change for it in good money—I put it into my pocket, and he left, I telling him he might be thankful he had got himself off so easily this time—I heard him in conversation with another party, whom I could not see, and heard them go away together towards Stratford—I shut up my shop, and I and a friend followed them—I went into a public house to see if they were there, and gave information to the police coming back—I gave the crown to a policeman—this (produced) is it.

Prisoner. Q. I never was near your place; are yon sure it was me? A. Quite sure—you had the same dress and everything.

MR. CLERK. Q. Have you ever had any doubt that he is the person?

A. Never—there was a gas light in the shop, at the end of the counter—my wife was also in the shop, and a customer whom she attended to, and I served the prisoner—he had no mats with him—he said that he should have to walk the streets all night, for he had only got 1d. in his pocket.

Prisoner. Q. Had I a billy cock or a cap? A. You had a billy cock on in my shop, but next morning you had a cap—there was no other change in your dress.

JOHN CLOWES . I am a baker, of High-street, Stratford, about a mile and a half from Mr. Craddock's. On 19th Jan., about 10 minutes or a quarter past 10 o'clock, the prisoner came for a twopenny loaf—he gave me a crown piece—I directly detected that it was bad, and told him so—he said that he thought it was not—I told him I must have some further explanation, and I could not allow him to leave the place—he attempted to go to the door, but I directed Mrs. Clowes to shut it, and went round the counter and secured him—I asked him if he had any more of them—he said, "No"—I asked him where he got it—he said that he had sold a mat at Inglestone, and had given good silver in change for it—I do not know the distance from my house to Inglestone—I went to the station, and, while I was there, he was brought there by a policeman, to whom I gave the crown.

Prisoner. Q. You put the 5s. piece which I gave you into the till? A. Certainly not; I placed it on the edge of the counter, as is my custom while giving change, to prevent a dispute—it never went into the till at all—you had a cap on, not a billy cock.

MR. CLERK. Q. Did you see anybody else outside? A. There was a man walking about outside, with a billy cock on, when I went out; he appeared as though he had an eye on the premises; I left him there, and went to the station; I have never seen him since.

WILLIAM PURKISS . (policeman, K 414). On 19th Jan. I went to Mr. Clowes' shop, and found the prisoner there, and Mrs. Clowes—I took the prisoner to the station, and there received the 5s. piece—next morning Mr. Craddock gave me this other crown at the station.

WILLIAM WEBSTER . These coins are both bad, and from one mould—they are electro-plated.

Prisoner's Defence. I never was in Mr. Craddock's shop.

GUILTY . Aged 23.—(MR. CLERK. stated that the crown pieces were from the same mould as one uttered by a man named Ridge, who was convicted in the New Court on Tuesday.)— Confined Nine Months.

Reference Number: t18570202-339

339. JOHN LAKE , unlawfully assaulting Jane Lucas, aged five years and nine months, with intent, etc.

MR. BROWN. conducted the Prosecution.

GUILTY. of an indecent Assault. Confined Two years.

Reference Number: t18570202-340

340. JAMES CROKER and JOSEPH FRENCH , breaking and entering the dwelling house of George Paxton, at West Ham, and stealing 3 watches, value 3l.; his property.

MR. BROWN. conducted the Prosecution.

GEORGE PAXTON . I live at North Woolwich road, and am a watch maker. On Saturday night, 10th Jan., about 20 minutes past 8 o'clock, I was standing in my shop, and saw a rush made at the window, which broke, and in half a minute afterwards I saw a hand through the broken glass inside the shop, and two watches were taken from a bar—I sent a young man out and Croker was taken, and was brought in by Fisher not three minutes after it was done—a watch glass was brought in by Gale, which was my property, and belonged to one of the watches—this is it (produced).

Cross-examined by MR. METCALFE. Q. How do you speak to it? A. Here is a mark on it.

Croker. I saw the sergeant put that mark on it. Witness. I deny that; there was the half circle on it, and I drew this line on it afterwards—nothing could drop out at the window.

GEORGE FISHER . I live in North Woolwich road. On Saturday evening, 10th Jan., about a quarter to 8 o'clock, I saw the prisoners together, and another man with them, standing two yards from the kerb, twelve or fourteen yards from the prosecutor's window—Croker said, "Now is the time;"I thought he meant it for me, and as I had just got my money, and that being a dangerous place, I put two sovereigns into my boot; but he went direct to the prosecutor's window, and made a blow with his hand—I thought he struck the sash; he then struck a second blow, which broke the glass, and drew his hand sharply back, and ran away; French made off with him—Croker moved his hand sharply, but I cannot say whether he threw anything or not—I caught him by the throat as he ran towards me, and he fell down; I took him back to the prosecutor's—he pretended to be drunk—I gave him into custody.

Cross-examined. Q. How far was Croker from the shop? A. The distance from me to the Judge, and directly afterwards the pane was broken—I took him into the shop—I did not see the third man go to the window, the other two did—I saw French again on the Monday at Stratford, before the Magistrate—I was not aware that he was in custody; I went to give my evidence against Croker, saw French standing by his side, and identified him—there is not much light in the street, it is very dark till you get about 400 yards further, but you can discern one another—the man who I say was French ran away directly the window was broken; he passed by me towards Barking Railway station; it is a straight road, you turn to the right from the prosecutor's door.

MR. BROWN. Q. Was there a light in the prosecutor's window? A. Yes; I could see the prisoners' features, and have not the least doubt of them—at the time Croker said, "Now is the time," I saw no person passing by.

COURT. Q. How near was French to Croker when he broke the window? A. About the same distance again that they are now—French did not run away till after Croker's hand was withdrawn; it was all done in a moment—I did not see the third man go up to the window.

GEORGE WYBROW . I live at Plaistow Marsh, West Ham. On Saturday, 10th Jan., I was in North Woolwich road, and saw the prisoners standing by the prosecutor's house—I heard a smash at the window, turned round, and saw Croker fling something into the road similar to a watch; French picked it up, and made off with it—I saw their features.

Cross-examined. Q. How far from the window were you? A. About four yards on the door side—I saw Fisher, I was about four yards from him—I have known the prisoners for some time on the North Woolwich road—I have known French twelve months by name, and Croker not so long, but I knew his name—I saw fisher take Croker—I gave information to the prosecutor—I did not go into the shop when Croker was taken in, I went in on my way home again, but I did not tell him that it was Croker—they told me that they had taken Croker; the prosecutor used his name; I heard his name from the prosecutor—I did not mention either of their names till I heard them from the prosecutor—I saw the third man, I do not know his name, but I know him by sight—I have seen him once

since; I did not tell the police—I told sergeant Gamble that it was French before he was in custody, on the Sunday, and I told another policeman, whose name I do not know—I do not know why I did not tell the prosecutor at the time that I knew the man's name—I did not go to the station to sergeant Gamble, he came to me—I left my address with the prosecutor—French generally goes by the name of Soldier; I believe I did not tell any person his name till he was in custody.

COURT. Q. You said, "I told sergeant Gamble that French was one of the men on the Sunday," is that true? A. Yes; that is true; I do not know when he was taken, but it was on Sunday night—it was when sergeant Gamble came to my house that I told him that his name was French—I do not know why I did not tell the constable who took Croker that the other man's name was French.

MR. BROWN. Q. When did you know that French was taken? A. Not till Monday morning, and I told the sergeant on Sunday.

WILLIAM PATTERSON . I live at Plaistow Marsh. On Saturday evening, 10th Jan., between 7 and 8 o'clock, I saw French between the Northumberland Arms and the Royal Oak, nearly a quarter of a mile from the prosecutor's house, running from it towards Plaistow; when he came up to me he broke into a walk, and went over a fence a few yards from me—I can-not say whether that is a thoroughfare—he turned round just as he passed me, and looked at me—I saw him go behind a heap of mangel-wurzel—it was nearer 8 than 7 o'clock; the clock had struck 8 when I got home, not more than ten minutes afterwards—I am sure it was French.

JOHN GALE . On this evening, I heard the window break, and got a lamp, and picked up a watch glass exactly where Croker stood—I gave it to the prosecutor—there was a crowd round—I searched for a watch, but only found a glass.

ALFRED MULLET . (policeman, K 451). On the Saturday evening, between half past 7 and 8 o'clock, I saw the prisoners talking together as I was going on my beat, at the corner of Rosgate-street, ten or twelve yards from the prosecutor's house—in five or eight minutes I returned, and met the prosecutor's two little children running for a policeman—I went to the house and Croker was given into my custody.

EDWARD GAMBLE . (police sergeant, K 49). In consequence of information from Wybrow, I took French on Sunday, the 11th, about a quarter past 8 o'clock in the evening—I told him the charge, he said that he knew nothing at all about it, he was not there.

Cross-examined. Q. Did you go to Wybrow, or did he come to you? A. I went to his house on the Saturday evening—I received the first information from the prosecutor.

MR. BROWN. Q. Was it in consequence of that that you went to Wybrow? A. Yes, Wybrow mentioned French's name to me.

CROKER— GUILTY .**† Aged 23.— Six Years Penal Servitude.

FRENCH— GUILTY . Aged 23.— Confined Six Months.

Reference Number: t18570202-341

341. JAMES WEBB , stealing 23l., the money of Edward John Austin, his master, in his dwelling house.

MR. SLEIGH. conducted the Prosecution.

EDWARD JOHN AUSTIN . I am a licensed victualler, keeping the Blue-coat Boy, Norton Folgate. The prisoner was my potman three months, and I discharged him—on Monday, 26th Jan., I placed on a clothes chest, in my bed room, a cash box, containing from 109l. to 112l., in gold and silver—it was always kept there—I took the money up every night, and sometimes

oftener, as it accumulated—I saw it safe at a quarter past 5 o'clock, having put in 3l. worth of silver, wrapped up in 1l. parcels—three or four odd sixpences might sometimes be loose in the box—I did not go up to my bed room again till 12 o'clock, and then missed the box—the two servants had then gone to bed—I told the prisoner that I had lost my cash box, and asked him if he knew anything about it, he said, "No, "—he assisted me to the police station, as I am lame, and the matter was investigated there—I charged him with stealing it—it was suggested by the officer on duty that I and the prisoner should return, with two policemen, to see if the cash box could be found—we returned and the prisoner opened the door which leads to the flat top of a parlour, which is built on the yard, and walked up to the wall which divides my house from the other buildings—I was with him and the two constables—he said, "Here is the cash box, master, it is not all gone, for it feels heavy," he took it in his hand, with two pieces which had been broken out of it; he brought it into the kitchen, and I counted the money in it, in his presence, and there was 87l. 10s., in silver, in it—I missed 23l.—we then all went to bed, and next morning I secreted myself in the spirit room, where I could hear any conversation taking place in the kitchen—I could not see into the kitchen, because when the door is shut the kitchen is dark—it was about 9 o'clock, and I heard a conversation between the prisoner and Ann Lott, a servant girl—the prisoner said, "He," meaning me, "is out in his reckoning about the silver, he said, last night, 5l., I wish I had had more;" Ann Lott answered, "Yes"—I discharged the prisoner that day, and as he was leaving, he said, "You have made oat no charge against us, you will never find your money"—there were no other persons in the kitchen—on the evening I lost the money the prisoner was waiting on customers—he occasionally ran out for a minute or two, and sometimes he would go up stairs—it is my usual practice to put my money in 1l. parcels, and this piece of paper (produced) was in the cash box on the night previous to the robbery—there were seven other pieces, I cut up a parochial paper into eight pieces, and I believe this is one of them—I would not say that it is the piece—I know it because it is a parochial paper, and you can see the mark of a half crown on it—I have seen this leather bag (produced) in the prisoner's possession twenty times, he used it frequently of an evening for his own purposes—this sixpence (produced) was in my cash box on the evening of the robbery, I know it from the peculiar manner in which the hole is drilled.

Cross-examined by MR. ROBINSON. Q. How long had you had it? A. Five or six days, all these sort of sixpences are thrown loose into the box, but this was done up in a 1l. parcel of silver, which would be given to anybody who asked for change—I put that sixpence into the parcel on the Sunday morning—I made up about nine parcels, but that is a guess of mine—I only recollect putting 3l. more in, that was the produce of the day, it was a slack Sunday—my wife takes an active part in the business, but she has never unlocked the cash box since I have had one—I keep the key, and nobody else—I will swear that I put this identical piece of paper in the cash box on Sunday, and if the whole of the silver could be found, the papers would be found to be like that—I swear that this is one of the identical pieces of paper that I used on that Sunday—I have not sworn to day that I could not do so—I have not got a lot of these papers—it is paper sent to me, and I generally cut it up to pack my silver—this is a common money bag, I have had it in my hands; when the prisoner has taken

money of an evening, he used to say, "Master, will you empty my bag and give me silver for copper?" which I used to do every night—I saw it for the three months he was with me, he used to put what he took for me into it, it was his duty to pay me all he took—he had nothing to do with the business till the evening—it was his takings for himself that he put into the bag—I saw it, on the evening of the robbery, empty, on the top of a box in his room—the first person I charged was a female servant—I discharged them both—the police refused to take the charge of robbery, even after the cash box had been brought to me—I was present when the cash box was found, and was the first person who took it from the prisoner's hand—I mentioned at the police court the conversation I heard in the spirit room, that was the very cause of my re-investigating the matter at the police court—they were not discharged at that time—I felt confident that the robbery had been committed by them, and did my best to discover it, and that was my reason for secreting myself.

COURT. Q. Was your clothes chest locked in which you put the cash box? A. No, but it was not in the clothes chest, it was on it—I locked the bed room, and put the key in a desk in the kitchen which the servant knew, and on which there was no lock, any person who went into the kitchen could open the desk and take the key, if they knew where it was, but no one but the chambermaid and barmaid were supposed to know—I had sent the barmaid into the room about half past 7 o'clock on that evening, as I frequently do, and she would be obliged to get the key from the desk to get in—I know that she knew where it was kept—the door was not broken, I unlocked it when I went to bed—the prisoner goes up stairs sometimes if he has occasion, but he has no business in my bed room—he sleeps in the house, on the floor above me, the second floor back.

MR. ROBINSO. Q. Though be has no business in your bed room, I suppose your wife has? A. Yes, and she frequently goes into it—I went to bed that night at about half past 12 o'clock—my wife was at home.

(MR. ROBINSO. requested to be allowed to put in the depositions, in consequence of what MR. SLEIG. had stated in his opening, and contended that he was entitled to do so without giving a reply. The COUR. considered that it could not be done; but that, if necessary, the depositions would be read to the Jury in summing up.)

JOSEPH BENTON . (policeman, K 381). On 28th Jan, in consequence of information I received, I went with Abingdon, and found the prisoner at the Bird in Hand, at West Ham—I called him into the parlour, and asked him whether he had left his master, he said, "Yes"—I asked him what money he had got about him, he said "2l"—I said, "Is that all you have got?" he said, "Yes, that is all," I said, "I shall search you, and you must consider yourself my prisoner for stealing 23l. from your master from the Blue Coat Boy"—I searched him and found 3l. 6s. 6d. on him—I cautioned him that he had no occasion to answer me unless he liked, and asked him where he slept the night before, he said "At a coffee shop"—I asked him where his box was, whether it was at the coffee shop, he refused to answer—I asked him whether it was at his mother's, he remained silent—on the way to the station, I told him that I should go to his mother's or his father's, and search his box—he said, "If you do, you will find no money"—I took him to the station and found this sixpence which has been produced, in a purse in his pocket—I went with Addington when he searched the premises.

Cross-examined. Q. Are you one of the policemen who was at the house

on the Monday night? A. No, I received information on the 28th by letter, that was the first I heard of it—I did not go to the prosecutor's house till the day I apprehended the prisoner.

JAMES ADDINGTO . (policeman, K 189). I was with Benton when he met the prisoner at the Bird in Hand, and have heard his evidence—I went at 3 o'clock on the same afternoon to the prisoner's mother, and with some keys which I got from his pocket, I unlocked a box there in his mother's presence and Benton's, and found this bag, which contained seven sovereigns, eleven half sovereigns, a sixpence, not the one which has been produced, and a pin—I took the bag and contents to the station, showed them to the prisoner, told him where I had found them, and asked him how he accounted for their possession—he said, "I found that bag and its contents, just as it is, in coming over Bow-bridge this morning on the footpath, and put it into my box"—I found the piece of paper produced in the prisoner's pocket with the keys—the key that opened the box was a very common one.

Cross-examined Q. Did you take somebody else into custody? A. Yes, his brother, I took them both together at the Bird in Hand—they both lived in the same house with their mother—I found money on the brother, he was taken before the Magistrate, and discharged next morning.

(The prisoner's statement before the Magistrate was here read as follows:) "I found the bag and purse coming over Bow-bridge; there was a piece of paper in it, and I chucked that down."

(The prisoner received a good character.)

NOT GUILTY .

Before Michael Prendergast, Esq.

Reference Number: t18570202-342

342. WILLIAM NORTON , stealing 5 live tame fowls, price 15s.; the property of Dorothy Davis.

MR. BROW\N. conducted the Prosecution.

THOMAS POLLEY . I am coachman to the prosecutrix, Mrs. Davis. I live at Camden-lane, Leytonstone—on Tuesday afternoon, 20th Jan., I saw five fowls, that were her property, safe, locked up in her hen house—I went there the next morning, and they were gone—some tiles were taken oft, making a hole big enough for a man to get through—I saw some foot marks—they were plain—the ground was soft—we traced them from the hen house to the ground where the impression was made in the field—we traced the marks from the hen house—it was gravel round there—I traced them on the border of the garden, in the garden, about fifty yards from the hen house, I mean the border of the garden, round the gravel work—I saw it sufficiently to notice that the footmarks came along the gravel, and on to the path where I traced them—they were marks made by a common shoe—I could not tell by the mark that it was a blucher boot—I saw some boots compared with the tracks afterwards—I put them in, and they corresponded—the policeman did not make an impression that I saw—I saw him put some plaster of Paris into the print of the shoe—it got quite dry—he then turned it up with a spade, and washed it.

Prisoner. Q. Did you ever see me near Mrs. Davis's place? A. Many times—there is a lane which is free for everybody—I saw you at work on Mrs. Davis's premises on 15th and 18th March.

MR. BROWN. Q. These impressions were in an unfrequented part of the garden? A. Yes, a fence surrounded the garden belonging to Mr. Fendrick; a five foot oak fence; a close park fence.

THOMAS ADDINGTO . (policeman K 189). I am stationed at West Ham—on the morning of 21st Jan. I was on duty in the Leytonstone-road, near

the prisoner's house—his mother called out to me, and I went along the road after that till I saw the last witness—I received information of a robbery—I afterwards went to the premises of Mrs. Davis, in company with the last witness—I saw that the fowl house had been broken open—the tiles were gone, and I saw footmarks—there had been a slight fall of snow that night—the footmarks were clear on the border—we could trace them both coming and going back, over into the forest; just round the out-side, where they got over the fence—there is very little grass where the cattle come—after I traced that, I covered some of the plainest footmarks over very carefully on the border near the fowl house—I then went to the Bell public house, with police constable Benton, to find the prisoner—Benton asked him what time he was at home the night before—he said, "About 9 o'clock;" that he then went to bed, and did not get up till 7 o'clock next morning—I said, "Why, your mother asked me this morning if you had been locked up at night; I asked her why she asked me; she said because you were not at home that night"—he said, "No, I did not go home that night, I slept out in the forest, under a bush; I was tipsy"—I said, "Just let me look at your boot"—I have it here, and the castings—I saw them taken from the marks in Mrs. Davis's garden—I saw Benton make the marks—I saw several feathers on the prisoner; small ones; I have not got them here.

Prisoner. Q. Did you find any fowls in my house? A. No—I did not find any on you—I did not search you—Benton found 2d. on you—I did not see you with any fowls—I did not want to get up a false witness against you from Mr. Jones's, at the Plough and Harrow—you said that you had been to the Plough and Harrow, and had a pint of beer.

JOSEPH BENTO . (policeman, R 381). I went, on 21st Jan., with Addington, to the Bell public house, and apprehended the prisoner—I asked him what time he went home last night—he said 9 or half past 9 o'clock—I said, "Now, be careful; what time did you get up in the morning?" he said, "I went to bed, and did not get up till 7 or half past 7 o'clock in the morning"—then we told him what his mother had said, and he said then about sleeping under the bush, in the forest—I had once seen an impression of a footmark, taken by a gentleman, and said that I would do it if the mould was good.

Prisoner. Q. Why did you not take my coat off if it had feathers on it? A. I could not swear they were the feathers of the fowls—they were like the down off a fowl—the coachman was there at the time, and saw what we did.

Prisoner's Defence. I was in the Bell public house from a quarter past 2 to half past 7 o'clock; then I went down, and slept under a bush, in the forest; I came down in the morning to the Bell public house, and saw the first police constable; he went out, and Benton came in, and then they took me out into the parlour, and asked me about it; I told him I went home that night, but he had no right to ask me.

THOMAS POLLE . re-examined. I found the tiles broken away in the morning—I found some marks—I cannot swear they were not there the night before, because I did not go into that part of the garden that night—an impression would have been made on the ground, through the snow, very plain—the snow had not thawed in the morning—some of the impressions were made on the snow—the marks on the snow, in Mrs. Davis's, were not sufficient to make an impression—snow will melt sooner on the earth than on the grass.

NOT GUILTY .

Before Mr. Common Serjeant.

Reference Number: t18570202-343

343. GEORGE WRIGHT , stealing 1 leaden pump, value 30s.; the goods of William Biggs, fixed to a building.

MR. BROWN. conducted the Prosecution.

WILLIAM BIGGS . I live at Abbey-lane, West Ham. I was living in Forest-lane; I finished removing from there on Wednesday, 28th Jan., but I have not given up possession till 25th March—I had a leaden pump safe there on Wednesday, 28th Jan.—I saw it safe at 4 o'clock that afternoon—it was fixed up to the wall of the kitchen, and it was in use—I went back on the Friday; the door had been broken open, and the pump was gone, and the wood work was scattered about the place—it was then between 9 and 10 o'clock in the morning—I went to the police station between 10 and 11 o'clock the same day, and I saw part of the pump there—it was my pump; I identified it.

JAMES SHRIMPTON . I live in High-street, Stratford, and am a marine store dealer. On Thursday, 29th Jan., the prisoner came to my shop about 8 o'clock at night, and brought these three pieces of a pump—I asked him where he bought them; he said of a person, and I think he gave a name, in Upton-place—here is 26 lbs. of it; I paid him 4s. 4d. for it—I laid it down in the shop, and about an hour afterwards the policeman came to know if I had bought a pump; I said I had, and I gave him the pieces, and he took them away.

WILLIAM BIGG . re-examined. This is part of my pump; I know it by having this part soldered last summer.

COURT. Q. Were you present when it was done? A. Yes, after it was done—the plumber had some conversation with me about it.

JAMES SHRIMPTON ., Cross-examined by MR. SLEIGH. Q. Do you know the prisoner? A. I have known him about three weeks—I believe his parents are respectable—I know that he has recently commenced the trade of collecting whatever he could about the street, to sell it, pieces of metal and whatever he can collect, and sell it at a profit—I bought some metal of him on one occasion—when he came with this lead, I gave him the full value of it—I bought it at a fair price, to sell it at some profit for myself—he did not tell me he had paid 3s. 3d. for it—he said he had bought it of a man in Upton-place, and he did mention a name, but J cannot be certain about the name—I knew his name, and I put it down in my book.

MR. BROWN. Q. Did you name the price, 4s. 4d.? A. Yes, what I thought was the marketable price; I weighed it, and I calculated the amount.

COURT. Q. What reason had you for knowing that he went about collecting what he could, and selling it? A. He came to me about three weeks before, and said that he had no situation, and he intended to go round and collect what he could, and he had been occasionally, and sold things from time to time.

JOSEPH BENTON . (policeman, K 381). On Thursday, 29th Jan., I went to Mr. Shrimpton's, about 9 o'clock, and I received this lead from him—I took it to the station, and left it in charge of sergeant King—on the Friday morning the prosecutor came to the station, and I went after the prisoner; I found him about half past 9 o'clock on Friday night—I asked him what he had sold to Mr. Shrimpton on the night before—he said, "Some rags and bones "—I said, "Was that all you sold f—he said, "I sold a little bit of leaden pipe"—I asked him how long he had been a dealer in rags and bones—he said, "About three weeks "—I took him to the station, and Mr. Shrimpton identified him as the lad who sold the pump.

Cross-examined. Q. Did you take him at his father's? A. Yes—I believe his father is a decent, respectable person—the prisoner made use of the words, "a little piece," or "a small piece of leaden pipe," which he bought of a man at the back of Upton-place, named Green, who he met at the back gate of one of the houses in Upton-place, and he had this lead with him, and he paid him 3s. 3d. for it.

EDWARD KING . (police sergeant). I am stationed at Stratford. On Friday, 30th Jan., I received information, and in consequence of that I showed the pump to Mr. Biggs, and he identified it.

(The prisoners statement before the Magistrate toot here read as follows: "I was round with my bag, and going down Upton-place I saw a man, who asked me to buy the lead; I bought it of him, and gave him 3s. 3d. for it; I took it home, and then took it to Mr. Shrimpton.")

(The prisoner received a good character).

NOT GUILTY .

KENT CASES.

Before Mr. Recorder.

Reference Number: t18570202-344

344. JOHN PINDER , unlawfully endeavouring to obtain 10s. by false pretences.

MR. BODKIN conducted the Prosecution.

CHARLES ARNOLD COLLINS . I am a clerk in the Storekeeper's Department of the Royal Arsenal, Woolwich. It is part of my duty to pay the labourers—the prisoner was a labourer employed there—he came on 9th Jan. to receive 15s. 2d.—I gave him a good half sovereign, two half crowns, and two pence—I gave him nothing like this medal (produced)—I and another clerk paid upwards of 800 men that afternoon—the money is prepared, and laid out on separate trays, each labourer having a number—I arrange the coin beforehand; each piece passes my observation—I receive the gold from the bankers, it is weighed there, and we weigh it again, to see that it corresponds—I was present when it was weighed—after I had paid the prisoner he returned, brought this coin, represented it as the one he had received from me, and wanted to have a good one given to him for it—I declined to do so, and made a communication to the man who kept the gate of the Arsenal—Keen was present.

Cross-examined by MR. MAC OUBREY. Q. Do you mean to say that you have an accurate memory of the particulars of each of the 800 men you paid? A. Yes, I can tell all the amounts, and recollect the specific coin paid to each, because they vary so little—I can say that I did not give a single bad half sovereign that day—I have never given a bad half sovereign—I do not know whether a bad half sovereign has ever been given in mistake to the men—I believe the men have made demands, but good half sovereigns have not been given back to them in my presence, on such occasions—no such demand has been made on me—I know that the half sovereign was good, by the weight—they are not weighed individually, but 100 half sovereigns are thrown into the scale together—the prisoner was absent a very short time before he returned—any demand made is not listened to till the payments are over—when it was refused to him he was very indignant and abusive, and said that others had got bad money changed for good before.

JOHN KEEN . I am a clerk in the same department as Mr. Collins. I was in attendance, paying money, and saw the prisoner paid 15s. 2d.—I did

not see of what it was composed, but the money had been prepared beforehand, and examined as well—I receive the gold from the bankers, and weigh it again when I give it out to the clerk—the difference between this piece of coin and a good half sovereign would be detected by the scales which I weigh the gold in—I directed a communication to be made to the police at the gate of the Arsenal—I heard the prisoner say that he had received this for a good half sovereign—he requested me to give him another—I told him that I did not think he had received it—he said that he hoped I should give him another—I said that I felt very confident that he had not received it, and I could not do so—he said that it was not the first time the Government had tried to impose upon the men by giving them bad money—it has happened that a person has claimed and obtained the return of bad money, in several instances—the practice has become so general, that we are trying to put a stop to it, and I took particular care that all the gold which went through my hands was good weight.

Cross-examined. Q. Did you always take care of that? A. Yes, after the many losses I had I took particular care—these demands have been made three or four times for gold, but many times for silver—we get the silver from the bankers, but we cannot weigh it—I always found the gold to be good weight—I believe the prisoner has been working in the storekeeper's department since April last—I cannot tell whether he has borne a good character—the bad pieces of money which were exchanged are kept in a chest in my office—that is my loss—none of those coins were similar to these—they were good representations.

MR. BODKIN. Q. Since this, have you altered your mode of weighing the gold? A. Yes, I have reduced the quantity weighed at a time, so as even to detect a slight variation—if I do not take care that good money is given to me, I lose it.

WILLIAM FOR . (policeman, R 225). I was stationed at the gate of the Royal Arsenal, Woolwich—I received a communication, and as the prisoner went out, at 1.20 o'clock, I caught him by the arm, and said, "You must come along with me"—I walked into the inspector's office with him, and said, "Now, what money have you got?"—he produced two half crowns, two pence, and this coin, and said, "That is the money I have got, and that is all; I received this for half a sovereign"—I searched him; he had a pin in his mouth, and thinking there was something else, I put my finger in, and pulled out this good half sovereign (produced).

Cross-examined. Q. I suppose there was no possibility of your confounding the two afterwards? A. No.

(The prisoner's statement before the Magistrate was here road, as follows: "I am innocent of the crime; I received the piece of bad money from the gentleman; I put the money into my mouth, as it was my own earnings.")

(The prisoner received a good character.)

GUILTY . Aged 35.— Confined Six Months.

Reference Number: t18570202-345

345. DANIEL LEE was indicted for a robbery, with violence, on George Costello, and stealing a medal and clasp, his property.

MR. COOPE. conducted the Prosecution.

GEORGE COSTELLO . I am a gunner in the Royal Artillery, at Woolwich. On 19th Jan., I was with a comrade, in Brook-street, about 12 o'clock; we were proceeding to the Thames-tunnel, for the purpose of going to Woolwich, when we were attacked by the prisoner, and ten or twelve others—the prisoner seized a Crimean medal from my breast—I seized him by the handkerchief,

and held him—a struggle ensued, and we both fell to the ground, I under him—he struck me several blows in the face, his comrades gathered round and kicked me several times in the ribs, trying to rescue him, but I held him—I saw him pass the medal to a man, and that man passed it to a woman, and I saw no more of it—I still kept hold of the prisoner by the handkerchief, but as I had no use of my arms he kept beating me as he liked.

Prisoner. I did not strike him, I was in a public house drinking with him and his comrades; I was very much intoxicated. Witness. I was not drinking with him—he was not intoxicated.

WILLIAM RAY . I am a bombardier in the Artillery. I was with Costello when he was attacked—I saw the prisoner snatch the medal from his breast, and pass it into the crowd; I could not say whether it was to a man or a woman, I saw some one take it from him—he then took hold of Costello by the handkerchief, threw him to the ground, and hit him several times in the face—several of his comrades kicked him, and I was knocked down and kicked.

EDWARD WILLIAM . (policeman, K 376). On 9th Jan., I heard cries in Brook-street, about half past 12 o'clock; I went to the spot, and saw Ray—he said it was not him that required assistance, it was his comrade on the ground—I saw the prisoner on the top of Costello, beating him in the breast with his hands, as Costello had hold of the prisoner's handkerchief—I laid hold of the prisoner's right hand, he threw himself back, sprang on his feet, and threw me down, and I was kicked three or four times in my right side, and once by the prisoner on my left side—I took him into custody.

Prisoner. Q. You struck me in the right eye? A. I did strike you; I was obliged to do so with my truncheon, after I had been thrown down, I could not have secured you without—there were as many as fifty persons round.

Prisoner's Defence. I was coming home from work, and went into a public house with my shopmates; the two soldiers were there drinking, a row began before the bar, I came outside and was knocked down, I was very nearly tipsy; the policeman ran up, and hit me in the eye, and knocked me down. (The prisoner received a good character.)

GUILTY . Aged 34.— Confined Six Months.

Before Mr. Common Serjeant.

Reference Number: t18570202-346

346. MARY WHATMAN the younger, stealing 3 pairs of drawers, 5 napkins, and other articles, value 6s.; the goods of Joseph Patte, her master; and MARY WHATMAN the elder, feloniously receiving the same: to which they both

PLEADED GUILTY . (They received good characters.)— Confined Three Months each.

Before Michael Prendergast, Esq.

Reference Number: t18570202-347

347. JAMES WATKINS , stealing one purse, and 10s. in money; the property of Jonathan Walker, from the person of Ellen Walker.

MR. J. ABRA. conducted the Prosecution.

ELLEN WALKER . I am the wife of Jonathan Walker, of No. 21, Prescot-row, Woolwich, and am a laundress. On Monday evening, 5th Jan., between 5 and 6 o'clock, I was in Francis-street, Woolwich, three men and a woman accosted me—the prisoner was one of them—they asked me the way to the railway—they said they did not mind which railway it was; Fenchurch-street, or London-bridge as if they went to London-bridge, they

should want a conveyance to Fenchurch-street—they wished me good night, and left me—I had not gone far, when I put my hand into my pocket, and missed my purse, containing 9s. or 10s.—I saw them about an hour after-wards, and took hold of the prisoner by the tail of his coat, saying, "You have stolen my purse"—I had kept them in sight all the time; he said, "What do you mean?"—one of the others came up and spoke to him, and then he put my purse into my hand—I did not hear what the other man said to him—I said, "It is my purse, but it is not all my money "—it was opened at the Court, and there was 5s. in it, and a 4d. bit—the prisoner then said that he had neither seen it, nor had it; I said, "How came you to give it to me back then?"—he said that he did not want my paltry purse, he had got 40l. in his pocket, and was a respectable man—he disengaged my hand from his sleeve, and I got hold of the tail of his coat, and held him by that—the others all went away and left him—I held him till a policeman came, and gave him in charge with the purse—this is it (produced.)

Cross-examined by MR. SLEIGH. Q. How far was that from the station f A. Five or ten minutes' walk—there was a gas light—I was not going towards the station—it is a regular thoroughfare, which leads to the station—they came out of a beer house—I did not see anybody else in the street till I caught hold of the man—I did not see them come out of the public house—there were two men and a woman, besides the prisoner—the prisoner is not the one who asked me the way to the railway station; he only bade me good night, but he was with the other one, and was by my side—they all came up to me together—I was about half a dozen times the length of this Court from them when I missed my purse—they went in the direction of the railway station, and I went after them—the woman was with the rest when my purse was given back to me—the man who addressed me was not close to the prisoner—he was not closer than the rest, he was with the woman—he. did not say, "I did not give it to you back;" he said, "I never saw or had your purse"—it was not immediately on his saying that that the woman and the man made off; they were gone before the purse was given to me—the prisoner said something to me before he gave it to me, but what it was I do not know—I was confused—I have been robbed before, and did not succeed in finding the thief—I was much annoyed and flurried by running the distance that I did.

COURT. Q. Do you think you got the wrong man by the coat tail? A. No; he is the man who gave me back the purse; I am sure of that.

MR. SLEIGH. Q. What coloured gloves did he wear? A. I do not know whether he had any; I did not take notice—he said, before the policeman came up, that he had neither seen my purse or had it—he did not insist on being taken to the station; he wanted to get away—he did not say, "Stay with me till a policeman comes up"—he tried to get away all he possibly could—he turned his back on me, and then I caught him by the coat tail.

JESSE SPENCER . I am a private in the Royal Marines. I came out of the barracks in Francis-street about a quarter to 6 o'clock; that is near the Rose and Crown—I saw the prisoner give another man something behind him—I could not see what it was—the prosecutrix said, in his hearing, that he had robbed her—he said that he had no call to rob her; he did not want her paltry purse; he had 40l. in his pocket—I saw the prisoner give her purse—she said that it was her's, but that that was not all her money—the man who took something from the prisoner said that he would go and fetch a policeman, but he never came back.

Cross-examined. Q. Were you close to the prosecutrix? A. Yes; I saw

the prisoner put his arm towards her, and then saw the purse in her hands—there was another man close to the prisoner when I came up—they were both close to the woman, and immediately I saw the purse in her hands the other man ran away—the woman was very much flurried and confused, she could hardly speak—this did not all happen in a second; it was five minutes, I should think, before a policeman came—I heard the prisoner say that he did not have her purse; he said, "It was not I who gave it to you;" but the other man was gone—he did not insist on a policeman being sent for—he said that he was a respectable man, and would have the matter investigated—he had no gloves on.

MR. ABRAM. Q. Did you see him give the purse back? A. Yes; and heard him say that he had never had it—I am certain he is the man—I heard her say, "How came you to give it back to me?" he said that he had not had it—I had seen him put his hand towards her, in this way; he had hold of her arm with his left hand, and he put his right band to it.

FRANCIS GARBETT . I am a private in the Royal Marines. I saw the prisoner and prosecutrix standing together—she said that he had robbed her; he said, "Me robbed you! you are drunk;" she caught hold of him by the skirt of his jacket, I saw his hand behind him with something in it, I could not see what, but he gave a nod to another man who came behind him, to catch hold of it—I did not see the other man take it, but he said that he would go and fetch a policeman, and then the prisoner put the purse into the woman's hand—I saw that the other man never came back—the prisoner said, "I do not want to rob you, I have got as much as 40l. "—she said that it was her purse, but the money was not all there.

Cross-examined. Q. Do you mean to tell me, deliberately, on your oath, that you saw him put the purse into the woman's hand? A. Yes; I said that down at Woolwich police court—it was a leather purse—my deposition was read over to me, and I put my mark to it. (The deposition, being read, did not state that the witness had seen the prisoner put the purse into the woman's hand.) I did say so; it must be a mistake of the man who took it down—I did not see the prisoner with any gloves.

JAMES WILLI . (policeman, R 207). On Monday, 5th Jan., about 6 o'clock. I was in Queen-street, Woolwich. I received information, and saw the prisoner with the prosecutrix—I took the prisoner—he was charged with the robbery, and said that he knew nothing at all about it—I searched him at the station, and found on him a 5l. note, 1l. 10s. in gold, a shilling, three sixpences, live pence, a purse, a breast pin, a knife, and a gold watch and chain.

Cross-examined. Q. How long have you known him? A. Only since I took him in custody—I have made inquiries about him—I know nothing about his character—persons have not been the whole week, to my knowledge waiting to give him a character.

COURT. Q. Did he give you any address? A. No, he refused his address; he said that he formerly kept a beer house in Lambeth, but did not say when or where—he refused to say any more—he said that he kept the Lambeth ale stores; I went there and inquired for James Watkins, and nothing was known of the name—I was instructed by the sitting Magistrate, and went to several places to inquire, but could find no one of the name of Watkins; there were pieces of paper in his pocket book with the name of Parker on them; I found a person named Parker at Mr. Robinson's, a solicitor, in Union-court, Broad-street, as was stated on the paper I had from the sitting Magistrate; he knew nothing of the name of Watkins, but

he knew a person named Parker, who, from the description he gave me, might have been the prisoner; I cannot say.

GUILTY . Aged 28.— Confined Six Months.

Reference Number: t18570202-348

348. HENRY BREWIN , and THOMAS TILLING , stealing a pump, value 25s.; the goods of Thomas Tranter, fixed to a building.

ALFRED BROOKE . (policeman, R 124). About half past 1 o'clock, on 17th Jan., I was going round my beat in Jubilee-court, Greenwich—I missed the pump that stood in the centre of the court—it was all gone but the boards—I found it up Slaughter's-rents—put it underneath the side of a house, close to the wall on the ground—I watched it till about 6 o'clock—I was about ten yards off—I observed the two prisoners come up to the pump, look at it, and go out into East-street again—they then went back again and took it up and put it on Brewin's shoulder, Tilling assisted him to put it up—I then came out of the court, called my brother constable, Stanton, and pursued them, I saw my brother constable take Brewin, and he threw the pump into the Thames—I took Brewin to the station, and went back to the place where the pump had been, and there saw Tilling, and said I should take him for being concerned in stealing the pump—he said he had just got up—I said I knew better, and I should take him—I am sure it was the same man.

Brewin. Q. Did you see me do it? A. Yes, I saw you heave it into the water—I did not say I was 200 yards off when you threw it into the water.

Brewin. I did not throw it off, he knocked it off my shoulder.

Tilling. Q. How far off were you when you first saw me? A. About five yards off the pump—when I saw you lift it on your shoulder I was about ten yards off—I am sure it was you, because I knew you, yon wore light trowsers, and a coat and cap—I have known yon for some time—I cannot say which way you turned, my brother constable saw you—it was about a quarter past 7 o'clock in the morning when you were locked up—I had 200 or 300 yards to go from the station to the river—I did not say before the Magistrate that it was a quarter to 7 o'clock, I said a quarter past 7 o'clock.

JETHRO STANTO . (policeman, R 106). On this night, the last witness showed me the pump—about half past 6 o'clock I saw the two prisoners come from Lambert-street—they went right up to the place where the pump was, quite straight—it is only a thoroughfare to some houses that lie back, you cannot go through, it further than the houses—they stood there about a minute, and then went out down East-street—Brooker followed them in the same direction, and I followed them a nearer way, and gave them the meeting—when I was going to take Brewin he had the pump on his shoulder and threw it into the water—afterwards I saw Tilling—I knew him—when I was going after Brewin I saw Tilling some distance a Iad of him.

Tilling. Q. When you apprehended Brewin I was 200 or 300 yards from you; why did you not apprehend me when you could have touched me? A. Because at that time you had not taken the pump, I thought it would be better to let you go for a little time—you were not twenty yards off when we started after you—when I saw you come down the court I could swear to you by your person—I knew you well—by your person I mean your dress and your features.

ISAAC TRANTER . This pump (produced) belonged to my father, and it was

for the convenience of my father's tenants—I saw it in the middle of the day before—I had not removed it.

Brewin's Defence. I was going to the east part of Greenwich, to get some work; a man said to me, "What could you carry a pump for me for?" and I said, "1s.;" I went to fetch the pump, and then the police constable came after me, and I said if he would go with me to the dockhead, I would show him the man who gave me the job.

Tilling's Defence. About a quarter before 7 o'clock I got out of bed and dressed myself, and went down as far as Billingsgate, where there is much work; when I got to College-walk, I saw the two police constables looking over into the Thames, and I looked over, and the policeman said, "I want you, for being concerned in stealing the pump;" I said I had not seen no pump, for I had only just come out of bed.

BREWIN.— GUILTY . Aged 19.

TILLING.— GUILTY .* Aged 20.

Confined Six Months.

Reference Number: t18570202-349

349. JAMES BURN , stealing 53 pieces of gas fittings, value 5l., and 18 milled caps, value 5l.; the goods of Henry John Wilson and another.

JOHN JONES . (policeman, R 179). About half past 8 o'clock in the morning of Saturday, Jan. 17th, I was on duty in Albert-street, Westminster—I stopped the prisoner, in company with another man—I asked him where he was going to work, and then I observed something bulky about him, and said, "What is it?"—he said, "Grub, master"—I heard it jingle, and said, "I must take you to the station house," and the other man then ran off—I took him to the station, and found he had fifty-three pieces of metal gas fittings, and that it belonged to Mr. Wilson—there has been more found—he said he found them just outside the prosecutor's premises—it was about 200 yards from the premises where I stopped him, in a direction from the premises—that is about a mile from where he states he found them—I knew nothing about him before—I do not know the man who was with him, for he ran off immediately—there were some more found, but they might have been thrown away by the other man.

HENRY JAMES WILTON . I am a gas fitter, in partnership with my brother Edward—I have a workshop attached to my dwelling place, No. 200, Edward-street, Deptford—that is about 200 yards from the road—my shop was safe at night, and I missed the goods in the morning—I found the back door of the shop wide open—I went towards the front, and unbolted it, for the boy to take down the shutters, and the boy said, "Master, did you take anything out of the window?" I said, "No, my lad"—he said, "It is stripped"—I said, "Indeed!" and went to the police station, and found the property, and the prisoner in custody—this property (produced) is all mine—it is pieces of pipe with which we make up different goods—I missed, altogether, about 50 lbs.—they are pieces that do not fit together in any way—I have found others of them since—they have been distributed about—I do not know the prisoner—I had such things as all of them—there is nothing I could say was not mine.

Prisoner's Defence.

I am innocent; I left my mother in Shoreditch; I worked on the water, as a lighterman; I met the other man, and came up by the bank, and he kicked against this basket, and said, "What is this?"—I said, "I don't know," and picked it up, and it was a lot of gas fittings, and he said, "Pack them up," and I did so, and when I had gone about a mile, the policeman came and took me.

GUILTY.—Recommended to mercy by the Jury Confined Four Months.

SURREY CASES.

Before Mr. Recorder.

Reference Number: t18570202-350

350. JOHN BRYAN was indicted for unlawfully obtaining a cheque for 100l., and 100l. in money, of Henry Hillier, by false pretences.

MR. METCALF. conducted the Prosecution.

HENRY HILLIER . I am foreman to Mr. Richard Attenborough, of No. 8, Bridge House-place, Newington Causeway. On 1st Nov. the prisoner called there in a sort of dog cart, and asked if we advanced money on plated goods—I said, "What sort of plated goods are they?" he produced a sample parcel, and said that he had the rest with him—I said that I should like to see the bulk—I had asked him how much he wanted, and he said, "100l., or 120l. "—I said, "How am I to tell about the quality?"—he said, "It is very easy to do that, because these are marked 1, 2, and 3, and Elkinton marks his goods A B and C;" that, they were his manufacture, and that his No. 1, which he offered me, was equal to Elkinton's letter A in every respect; that there was as much silver on them as there was on Elkinton's, or anybody else's—I do not think anything particular was said about the foundation, but he said that they were equal to Elkinton's in every respect—he said that he wanted the money to take up a bill—he gave me this card (produced), and brought an invoice with him; but he took that back again—he said that he was a manufacturer of those articles at Sheffield, or a Sheffield manufacturer, and had a warehouse in Dyer's buildings—he gave me to understand that he made those articles—he said that he had 6,000l. or 8, 000l. worth of spoons and forks always on hand, at big warehouse in Dyer's buildings—I do not recollect that he said anything about who was the maker of them; he only said that he was the manufacturer—I advanced him 100l. on them by a cheque—he came again on 4th Nov.—I did not see the dog cart then; but he could not have carried the goods, as he brought ninety dozen, and said that he wanted a further advance to take up a bill—he said that they were the same goods as before, and I lent him 60l. on them (looking at a memorandum)—he came again, I think, on the 15th, which was Saturday, and left the goods, 150 dozen, I think; but I can tell by looking at this paper—I will swear that it is a correct abstract—it was 150 dozen—I did not feel quite confident, and wished to speak to Mr. Attenborough; in consequence of what I said he left them till Monday—he came on Monday, and I went in with him to Mr. Attenborough, who told him he hoped the goods were of the quality he represented them to be; that he did not care how much money he lent him, provided the goods were genuine; but, if he found out that he was cheating him, he would prosecute him; the defendant assured him that they were all genuine goods, and equal to the representations that he made, and he was very sorry that Mr. Attenborough should make such a remark to him—I said, "You warrant these goods to be equal to Elkinton's letter A?"—he said, "So they are"—I said that I did not think they were so good as some we had purchased at his warehouse in Dyer's buildings, for the purpose of testing the quality—he seemed surprised when I showed him his own spoons; put the two together when I said that, and he pulled out a knife to cut the silver off—we thought we had hurt his feelings, and Mr. Attenborough then agreed to lend him the money, and wrote a cheque for 150l., which was left with me, and 10l. in money, as the defendant could not wait—part of it

was cutlery—this (produced) is the written agreement entered into on 1st Nov.—on 24th Nov. the prisoner came again and produced 120 dozen; he said that he wanted to take up another bill; that he was very sorry he had had anything to do with bills, and hoped he should have done with them very soon—he said that they were the same quality as the others, and I lent him 65l. on them—shortly afterwards I had a communication from Mr. Gill, which induced me to make inquiries—there is a written agreement in each case—I have been in the pawnbroking trade twenty-five or twenty-six years, eight years of which I have been with Mr. Attenborough—it is quite impossible for pawnbrokers, or even for the manufacturers, to test these things without having them stripped—the whole of the goods are here, and this (produced) is a sample of them; they are all marked No. 1, and J. B., E. P., which means John Bryant, electro plate—since this has been going on I have learned a little about it—these are very nicely finished; I saw some of them tested, but they did not appear, after testing, as good as Elkinton's; the foundation appeared to be inferior, but as to the quantity of silver on them I do not understand it.

Cross-examined by MR. ROBINSON. Q. How many spoons, silver and plated, have you advanced money on in the course of your career? A. This room would hardly contain them—I certainly did say that the defendant said that he had between 6, 000l. and 8, 000l. worth of property in his place, but what I said before the Magistrate was between 3, 000l. and 4, 000l.—I fancy to myself that just now I did say too much; I did not correct myself as another question was put to me directly—I have got the bill here of the spoons which I purchased in Dyers'-buildings, it is dated 8th Nov.—I believe his foreman made it out—I bought half a dozen of each, the first quality and the third quality; I did not purchase them, but they were purchased for Mr. Attenborough by Mr. Gill, who is a pawnbroker—on silver we can advance nearer to the value than on plated goods, there is always more risk on plated goods, unless they are of undoubted quality; but silver is all the same quality when stamped with the Hall mark, and we must not sell them without—we charge 15 per cent, per annum, and take the goods as security that the money and interest shall be paid at the end of twelve months, but the contract is made for six months—we do not charge the interest when we lend the money—if it is furniture, and is very bulky, we sometimes charge twenty per cent.—Mr. Attenborough is very anxious to lend his money, and if he has good security, he will do it at a less percentage—the dog cart was a good looking thing, it was one of those things which travellers drive out, taking samples of goods—the defendant had no letter showing the quality of his goods, but they were marked 1, 2, and 3, and his initials—if there had been as much silver on these as on Messrs. Elkinton's, I should have been perfectly satisfied—Mr. Round, of Sheffield, tested them—some were sent down to him, and Mr. Attenborough had some tested at his own house immediately after we returned from the police Court, on 2nd Jan.—Mr. Round was not present then, he went away to catch the train—they were tested in the presence of Mr. Elkinton's foreman, I do not know his name, and of Mr. Kemp, of London Wall; they were spoons and forks, I brought them from Mr. Attenborough's warehouse, No. 8, Bridge House-place, and gave them to the tester—I saw him test those which I brought from the warehouse—I brought down all that were tested from the warehouse, and gave them into the hands of Mr. Attenborongh, I believe—I did not see the whole process while they were in the tester's hands—I think there were a dozen table

spoons, a dozen tea spoons, a dozen dessert spoons, and a dozen forks—those were taken from the lot which was pledged with the cutlery on the third occasion, the 17th; we always kept each lot separate—Elkinton charges something like four guineas a dozen for his A table forks—I had some doubt about the matter when I sent to purchase some—I did not know how to strip the silver off, I do not know that there are hundreds of persons who can do it; I understand that only the Birmingham and Sheffield manufacturers, can do it—I know that there are assayers—it never struck me to ask the prisoner to allow me to test them—we did get one of those which we purchased at Dyers'-buildings assayed; that was on 2nd Jan., when we had advanced all the money—we did advance more after we purchased some of those at Dyers'-buildings, because we believed his representation to be true; I have never seen spoons or forks with A or 1 upon them unless they are of the best quality—if I wanted the best quality, I should have asked for No. 1—there are a great many of No. 1—I should expect No. 1 of different manufacturers to be as nearly as possible of the same quality: I should take that for granted, just the same as a Hall mark—when they were tested I did not give notice to the defendant for some one on his behalf to be there.

MR. METCALFE. Q. Were you not present in the police court when some were given to his attorney for the express purpose? A. Yet; I gave them to him myself—I saw the process of testing going on in the kitchen, but it took a long time, they have to do it in acid, and boil it—I saw them in the hands of Mr. Kemp—if I had known them to be as I now see them, I would not have taken them at all, they would be of no value to a pawn-broker, I do not think there is one who would sell them with the No. 1 on them, unless it was by auction.

RICHARD ATTENBOROUGH . I am a pawnbroker, one of my places of business is at Newington Causeway. On 17th Nov. my foreman made a communication to me, and shortly afterwards the prisoner was brought into my room by my foreman, and I said, "You have been pledging some large parcels of goods here, I have no objection to lend you money, if you are a respectable person, and will give me your address"—he brought his card with him—I said, "These goods are difficult to understand the value of"—he said, "I am respectable man, I am a manufacturer of these goods, and have a warehouse or a house in Dyers'-buildings, and this money is for the purpose of meeting some bills which I have got coming due"—I said, "These goods we cannot understand the value of, and I expect that you are not come here to deceive me"—he replied, that he had upwards of 3, 000l. worth of goods in his warehouse, and that these were equal to Elkinton's best goods—I said, "If you deceive me, I shall punish you if I can"—I was aware that Elkinton stands very high in the trade, and should have been perfectly satisfied with his goods—I was aware of the letters in the trade, but we do not do much in that way—it is impossible to test them without destroying them—what induced me to part with my money, was, his declaration of the quality of the goods, and nothing else—I told him I did not understand the value of them; if I had known that the goods were what they appear to be, I should not have taken them at any price.

Cross-examined. Q. I suppose you have often found that you have advanced more money on things than you find you can get for them? A. Yes, sometimes, but we have the change of fashion and other circumstances to consider—we consider, when we take in a lot of goods of this description, that we are dealing with respectable men, I asked him if he was a respectable man, and it was upon his word that I took these goods.

was cutlery—this (produced) is the written agreement entered into on 1st Nov.—on 24th Nov. the prisoner came again and produced 120 dozen; he said that he wanted to take up another bill; that he was very sorry he had had anything to do with bills, and hoped he should have done with them very soon—he said that they were the same quality as the others, and I lent him 65l. on them—shortly afterwards I had a communication from Mr. Gill, which induced me to make inquiries—there is a written agreement in each case—I have been in the pawnbroking trade twenty-five or twenty-six years, eight years of which I have been with Mr. Attenborough—it is quite impossible for pawnbrokers, or even for the manufacturers, to test these things without having them stripped—the whole of the goods are here, and this (produced) is a sample of them; they are all marked No. 1, and J. B., E. P., which means John Bryant. electro plate—since this has been going on I have learned a little about it—these are very nicely finished; I saw some of them tested, but they did not appear, after testing, as good as Elkinton's; the foundation appeared to be inferior, but as to the quantity of silver on them I do not understand it.

Cross-examined by MR. ROBINSON. Q. How many spoons, silver and plated, have you advanced money on in the course of your career? A. This room would hardly contain them—I certainly did say that the defendant said that he had between 6, 000l. and 8, 000l. worth of property in his place, but what I said before the Magistrate was between 3, 000l. and 4, 000l.—I fancy to myself that just now I did say too much; I did not correct myself as another question was put to me directly—I have got the bill here of the spoons which I purchased in Dyers'-buildings, it is dated 8th Nov.—I believe his foreman made it out—I bought half a dozen of each, the first quality and the third quality; I did not purchase them, but they were purchased for Mr. Attenborough by Mr. Gill, who is a pawnbroker—on silver we can advance nearer to the value than on plated goods, there is always more risk on plated goods, unless they are of undoubted quality; but silver is all the same quality when stamped with the Hall mark, and we must not sell them without—we charge 15 per cent. per annum, and take the goods as security that the money and interest shall be paid at the end of twelve months, but the contract is made for six months—we do not charge the interest when we lend the money—if it is furniture, and is very bulky, we sometimes charge twenty per cent.—Mr. Attenborough is very anxious to lend his money, and if he has good security, he will do it at a less percentage—the dog cart was a good looking thing, it was one of those things which travellers drive out, taking samples of goods—the defendant had no letter showing the quality of his goods, but they were marked 1, 2, and 3, and his initials—if there had been as much silver on these as on Messrs. Elkinton's, I should have been perfectly satisfied—Mr. Round, of Sheffield, tested them—some were sent down to him, and Mr. Attenborough had some tested at his own house immediately after we returned from the police Court, on 2nd Jan.—Mr. Round was not present then, he went away to catch the train—they were tested in the presence of Mr. Elkinton's foreman, I do not know his name, and of Mr. Kemp, of London Wall; they were spoons and forks, I brought them from Mr. Attenborough's warehouse, No. 8, Bridge House-place, and gave them to the tester—I saw him test those which I brought from the warehouse—I brought down all that were tested from the warehouse, and gave them into the hands of Mr. Attenborough, I believe—I did not see the whole process while they were in the tester's hands—I think there were a dozen table

spoons, a dozen tea spoons, a dozen dessert spoons, and a dozen forks—those were taken from the lot which was pledged with the cutlery on the third occasion, the 17th; we always kept each lot separate—-Elkinton charges something like four guineas a dozen for his A table forks—I had some doubt about the matter when I sent to purchase some—I did not know how to strip the silver off, I do not know that there are hundreds of persons who can do it; I understand that only the Birmingham and Sheffield manufacturers can do it—I know that there are assayers—it never struck me to ask the prisoner to allow me to test them—we did get one of those which we purchased at Dyers'-buildings assayed; that was on 2nd Jan., when we had advanced all the money—we did advance more after we purchased some of those at Dyers'-buildings, because we believed his representation to be true; I have never seen spoons or forks with A or 1 upon them unless they are of the best quality—if I wanted the best quality, I should have asked for No. 1—there are a great many of No. 1—I should expect No. 1 of different manufacturers to be as nearly as possible of the same quality: I should take that for granted, just the same as a Hall mark—when they were tested I did not give notice to the defendant for some one on his behalf to be there.

MR. METCALFE. Q. Were you not present in the police court when some were given to his attorney for the express purpose? A. Yes; I gave them to him myself—I saw the process of testing going on in the kitchen, but it took a long time, they have to do it in acid, and boil it—I saw them in the hands of Mr. Kemp—if I had known them to be as I now see them, I would not have taken them at all, they would be of no value to a pawnbroker, I do not think there is one who would sell them with the No. 1 on them, unless it was by auction.

RICHARD ATTENBOROUGH . I am a pawnbroker, one of my places of business is at Newington Causeway. On 17th Nov. my foreman made a communuication to me, and shortly afterwards the prisoner was brought into my room by my foreman, and I said, "You have been pledging some large parcels of goods here, I have no objection to lend you money, if you are a respectable person, and will give me your address"—he brought his card with him—I said, "These goods are difficult to understand the value of"—he said, "I am a respectable man, I am a manufacturer of these goods, and have a warehouse or a house in Dyers'-buildings, and this money is for the purpose of meeting some bills which I have got coming due "—I said, "These goods we cannot understand the value of, and I expect that you are not come here to deceive me "—he replied, that he had upwards of 3, 000l. worth of goods in his warehouse, and that these were equal to Elkinton's best goods—I said, "If you deceive me, I shall punish you if I can"—I was aware that Elkinton stands very high in the trade, and should have been perfectly satisfied with his goods—I was aware of the letters in the trade, but we do not do much in that way—it is impossible to test them without destroying them—what induced me to part with my money, was his declaration of the quality of the goods, and nothing else—I told him I did not understand the value of them; if I had known that the goods were what they appear to be, I should not have taken them at any price.

Cross-examined. Q. I suppose you have often found that you have advanced more money on things than you find you can get for them? A. Yes, sometimes, but we have the change of fashion and other circumstances to consider—we consider, when we take in a lot of goods of this description, that we are dealing with respectable men, I asked him if he was a respectable man, and it was upon his word that I took these goods.

FRANCIS COTTON . I am a pawnbroker, of the Hackney Road, and No. 90, Shoreditch. On 27th Sept. the prisoner came to me, he drove up in a dog cart, and showed me a quantity of spoons and forks, upon which he wanted 80l.—I told him that they were goods that we did not understand, and which we were not accustomed to see at that end of the town—he said that he was a Sheffield manufacturer of electro-plated goods, and had a ware-house in Dyers'-buildings—he said, "The reason I have come down to this end of the town is, I serve Mr. George Attenborough with goods, and if he sees that I am short of money, when I next take him goods to sell, he will not give me the price for them "—Mr. George Attenborough lives in Fleet-street—I said that we had no means of testing them, and the price was so extraordinary that I should decline them—he said, that there could be no doubt about it, and I need not be at all alarmed, that he was the manufacturer himself, he made the goods, and was in a large way of business—he showed me his prices, and they certainly were a great deal—I think he left them, but I have searched for them and could not find them—he said, "Here, you see my prices, I do not want anything near what the wholesale price is," and certainly he asked far below the price on his card—I said, u They may be what you represent them to be, but how can I tell?" he turned to the back of the spoons, and said, "These are my initials, J. B., and the electro plate is my No. 1, it is the best quality, and is equal in quality and quantity of silver to Elkinton's A, and the foundation is of the best quality "—from the fact of his saying that he was the manufacturer, of course he knew what the spoons were made of, and, from his appearance, I agreed to take them, and at a price entirely from the representations he made of himself and of the goods, and believing he knew what was in the goods—I lent him 45l., and paid him partly in gold and partly in notes—I have since taken some of them to Mr. Kemp, of London Wall, to be stripped—if I had known what the articles were, as I found them after the testing, I would not have taken them at all.

Cross-examined. Q. I understand that the prisoner's appearance rather induced you to let him have the money? A. That, coupled with the fact that he stated that he was a manufacturer, and his statement that he was a respectable man—there was a written agreement between us, it was 15l. per cent, per annum, 11s. 3d. per month.

MR. METCALFE. Q. Had the representation as to the quality of the goods nothing to do with your advancing the money? A. It had something to do with it—I should not have advanced the money if I had known what sort of goods they were.

JOHN ADDISON RUSSELL . I am a pawnbroker carrying on business in Fore-street, City. On 23rd Oct., the prisoner drove up to my shop in his dog cart—he produced three parcels of plated spoons and forks, eighteen dozen table spoons and eighteen dozen table forks, and also dessert spoons, and forks, two tea spoons, ninety dozen altogether—he said that he wanted some money upon them, and represented them as the best Sheffield plated—he gave me a card with his name and address, with a list of prices at the back, stating that he was a Sheffield manufacturer—this is the card (produced) it has three lists of goods on it—I asked him if the goods he brought me were those that were represented in the first column, marked A—he said they were equal to Elkinton's, but I cannot swear to the words in which it was said, because I had, on a previous occasion, seen him at my father's, about a month before, or hardly so much, and he spoke about Elkinton's on both occasions—at my father's, he told me distinctly that they were

equal to Elkington's best—my father is a pawnbroker, and I had lent him money there; I expressed some surprise on the second occasion, that he should have brought the goods to me, instead of taking them again to my father's—he said distinctly that they were his own manufacture—I do not remember that anything was said about the quantity of silver on them—I lent him 60l.—I wrote a cheque for it—he made some objection to the cheque, and I sent one of my lads and got the cash and gave it him—I took the goods on his representation that they were the best plated goods; the goods had that appearance, and I believed what he said—if I had known what they really were, I would not have had them at all.

Cross-examined. Q. Where does your father carry on business? A. In Shoreditch, I happened to go in there just as the goods were on the counter, and my father requested me to look at them—I opened the parcel, and saw samples of them, I did not open every parcel—our percentage is 15 per cent—I was not examined before the Magistrate.

MR. METCALFE. Q. Did you furnish some of the goods which the prisoner left to the tester, Mr. Kemp? A. I did, I saw them tested at Mr. Attenborough's.

EDWIN ROUND . I manage my father's business at Sheffield—he is a large manufacturer there, at the Tudor works—we deal extensively with plated articles of Elkinton's description—I understand the testing, stripping, and analysing them—I received a parcel from the railway, containing five dozen spoons and forks, they were marked No. 1, J. B. E. P., there was a note in the parcel, I have not got that; the parcel was in brown paper—besides those things, it contained fifteen spoons and forks of Elkinton's manufacture—I stripped all those spoons and forks, for the purpose of testing them, this (produced) is my report of the testing made at the time.

GEORGE EDWIN GILL . I am a pawnbroker. On 18th Dec., I made a communication to Mr. Attenborough, I afterwards received a dozen of each sort of spoons and forks from his man, Mr. Hillyer—I sent them to Mr. Round, of Sheffield, with instructions to strip them—I packed them up in a brown paper parcel, and directed it, and sent it to the railway by one of my young men—I also enclosed in the parcel three articles of each sort, which I obtained from the warehouse of Messrs. Elkinton, there were five sorts—I received twelve of each sort from Hillyer, five dozen altogether—I have them now, I have no doubt these are the same I sent—I can tell them by the marks "No. 1, J. B., E. P."—I also received from Mr. Round the same number of Elkinton's spoons and forks that I had sent him.

Gross-examined. Q. Where did you get those from? A. From Messrs. Elkinton's warehouse, I went there and asked for some, and they were given to me by one of their assistants—I only know of one Elkinton in the trade, I do not know that there is another—I went to the house in Regent-street, the house at Moorfields belongs to the same firm.

EDWIN ROUND . (re-examined.) I do not know what has become of the brown paper in which they were wrapped—I have looked for it, but have not been able to find it—I had no instructions to preserve it, consequently did not take any notice of it.

Gross-examined. Q. Have you just had a communication with Mr. Chamberlain? (the solicitor for the prosecution). A. No—he spoke to me in Court about three minutes ago—he inquired if I had the brown paper that the parcel was sent in from Mr. Gill, and I told him no; that was all, I cannot recollect that he said anything about looking for it—I did look for it in the warehouse, I do not know at whose request it was, that request

was made by word of mouth in London, I went to Sheffield on the following night, and next morning, when I got to the warehouse, I looked for it in the packing place, where we keep waste paper, and straw, and things of that sort—I received the parcel on the 23rd—it was on 9th or 10th Jan. that I searched for the paper.

GEORGE EDWIN GIL . re-examined. I did not direct the parcel myself, I saw it done—it was directed "Messrs. Round, Tudor Works, Sheffield; to be delivered immediately"—it was sent on 20th Dec.

EDWIN ROUND . re-examined. The parcel that I received was directed to "Messrs. Round, Tudor Works, Sheffield"—I proceeded to test the articles; I tested those which bore the marks No. 1, J. B., E. P., and also those of Elkinton's at the same time—one dozen of the defendant's table forks weighed, before testing, 25 oz. 10dwts., and after testing, 25 oz. 8dwt., leaving a deposit on the dozen of 2dwts. of silver—I stripped three table forks of Elkinton's manufacture; before testing they weighed 6oz. 10dwts., and after testing, 6oz. 1 1/2 dwt., showing a deposit of 34dwts. of silver per dozen—the amount deposited on a dozen dessert forks, marked No. 1, J. B., E. P., was 1 dwt.—on Elkinton's it was 18dwts. per dozen—on a dozen teaspoons, marked J. B., the deposit was a 1/2 dwt; on Elkinton's 12dwts.—on the dessert spoons marked J. B., it was 1 dwt. per dozen; on Elkinton's 24dwts.—on the dozen of tablespoons, 1 1/2; dwt.; on Elkinton's 34 dwts.—the foundation of the articles marked J. B. was third quality metal; Elkinton's No. 1, is the very best that is manufactured—I have since tested some others marked J. B., which I received from Mr. Attenborough, and I have them here, with my report—there was a slight difference in the table forks; the others exactly agreed; the table forks were 4 dwts. instead of 2—I have not tested any of those from Cotton's or Russell's (looking at them), they appear the same description as those I received from Mr. Attenborough—if you will allow me, I can, perhaps, make myself more sure upon that point by just scratching with a penknife (scraping one); I firmly believe them to be of the same quality as those sent down to me—we put on the silver by electricity applied to a certain solution; the article requires preparation previously to the solution being applied; it is polished after the silver is applied—the prisoner is not a manufacturer at Sheffield.

Cross-examined. Q. What are you? A. I manage my father's business at Sheffield; am I compelled to answer whether I am in partnership with him? I do not want the public to know the nature of my father's transactions with me, or our relative positions to each other—I am not a full partner; not equivalent to my rather—I superintend the manufacture of plated goods from the commencement to the finish of the article—I tested these things by the usual process, oil of vitriol and nitre of potash in certain proportions—I call it nitre of potash—I have not studied chemistry; I know nothing about it—we get supplied with all our materials for plating from a firm at Hull—I do not know whether we use oil of vitriol for plating—I put a gallon of oil of vitriol to a pound of nitre of potash, warm the solution after the two articles have been amalgamated, and then it is ready for stripping—I know when it is mixed by the disappearance of the nitre of potash; I then dip the articles in, and let them remain until the silver has disappeared; the moment the silver disappears the article assumes a black appearance; I then put them into water, and swill them well to cleause them from the acid, and dry them with a cloth—we collect the silver together again—our operator helped me to do this; his name is Samuel Shaw; he is an electro-plater of spoons, forks, and other articles—I

weighed the things myself both before and after the stripping; I can swear to the accuracy of the weight—I am twenty-nine yean old.

MR. METCALFE. Q. Did you apply the same test to Elkinton's as you did to these? A. They were stripped in the same solution at the same time, treated exactly in the same way—this article is the most trashy thing I ever saw in my life; it is a regular Brummagem dodge. yon cannot tell what it is without stripping; I have a fork in my pocket that has got 3 grs. of silver, and another which has 2 1/2 dwts., and you cannot tell which is which.

COURT. Q. Has the solution that you use, any effect at all on the metal, the German silver? A. Not that I am aware of; I believe it has not—I have tried it to ascertain; if you introduce a little water into the solution, it will eat the German silver away, but if you keep the solution perfect, it Will not—there was not a drop of water introduced into this solution—I was present at the mixing of it; if pure, is has not the slightest effect upon the German silver; if it was not, it would give a false return—the German silver would produce a different appearance if acted upon by the solution—it would look frosty, not bright—the first lot did not look bright after they came out—I mean the lot sent down to me—both those of Elkinton's and those marked "J. B." looked bright—the moment the silver disappears from the surface of the article, and you immerse it in water and wipe it, the black appearance disappears like so much smoke—all of these looked bright, and from that I judge that they did not seem to be acted upon—I have seen German silver that has been acted upon, and then, after being put into water, it looks frosted.

MR. ROBINSON. Q. What is oil of vitriol, what is its name? A. I do not know—I know it when I see it—I do not profess to understand it, but I know that is the usual term applied to it for stripping, and it never fails; we always apply it under all circumstances.

MR. METCALFE. Q. You apply to a chemist for the materials you want? A. Yes; I know nothing about them except that they produce a certain result—I use them for that purpose.

JAMES PACKER . I am principal salesman to Messrs. Elkinton, in Moorgate-street. I have seen the spoons that were tested by Mr. Round, on the first occasion, at Sheffield—some of them were manufactured by us, not those marked "J. B."—I have another portion here, sealed up—they were tested in my presence, and sealed up by me—I understand the process of stripping—I saw some belonging to Mr. Attenborough, some belonging to Mr. Cotton, and some to Mr. Russell, stripped—there was about as much silver on one of our table spoons as there was on thirty-four of the defendant's—that applies indiscriminately to those produced from Mr. Attenborough's, Mr. Cotton's, and Mr. Russell's—they appeared all alike, and exhibited the same results on testing; the moment one was subjected to the testing point, it immediately cleared the silver off—previous to testing, each of them was weighed to the nicest grain, in the scales, then applied to the test, and then weighed afterwards—of those that were tested belonging to Messrs. Attenborough, Russell, and Cotton, the silver disappeared instantly; those of Messrs. Elkinton's make, after being in twenty minutes, the silver was acted upon—there is no doubt about the test, you could see the silver walk off, or run off—independently of the test, the article itself was such as we should never think of sending out of our house, nor would any respectable tradesman—in some of the instances, as regards the dessert forks and spoons, there was a greater disproportion than in the table spoons—Mr.

Attenborough, Mr. Russell, and Mr. Cotton were present when I tested them; it was done at Mr. Attenborough's house.

Cross-examined. Q. You are a salesman? A. Yes—I have nothing to do with the manufacture, I merely take orders and sell—I do not consider myself a practical assayer, but I have been so many years in the business that I consider myself as good a judge as any in London; I flatter myself that after thirty years' experience, I ought to know something about it—I have never taken the silver off metal spoons or forks—I am not a chemist—I am not quite certain whether the same composition of liquid was used for both, or which was put in first—Messrs. Elkinton's are the first persons in the trade, and are determined to keep so—the price of our large forks is 4l. a dozen, and 3l. the small ones, fiddle patterns; the more expensive patterns are 5l.

MR. METCALFE. Q. Independent of the test, are these articles at all equal to yours? A. No; I have seen them scratched with a pen knife, and that is sufficient to take off the small shadow of silver that is on them—they are not at all a fair tradesman like article—I have looked at all the articles produced from Attenborough's, Russell's, and Cotton's; they are all similar.

CHARLES KEMP . I live at No. 41, London Wall, and am an electro-plater and cutler, of the firm of Kemp, Liddell, and Co. I made the test at Mr. Attenborough's; Mr. Cotton and Mr. Parker were present the whole of the time, and Mr. Russell part of the time—the test I used was oil of vitriol, and nitric acid—this is my report, made at the time, and certified by several witnesses—I did not strip any spoons and forks belonging to Mr. Attenborough, those I stripped belonged to Mr. Elkinton, Mr. Cotton, and Mr. Russell'; these are Mr. Russell's, I received them from him himself—on three table spoons, I found 1 dwt. 6 grs. of silver; on three table forks I found 16 grs; on three dessert spoons, 16 grs; on three dessert forks, 13 grs.; and on three tea spoons, 12 grs; that is much more than I found on some others—on three table spoons of Elkinton's, I found 9 dwts. 16 grs.; on three table forks, 7 dwts 12 grs.; on three dessert spoons, 6 dwts. 15 grs.; on three dessert forks, 5 dwts. 11 grs.; on three tea spoons, 4 dwts. 20 grs.—I then tested some of Mr. Cotton's; on two table spoons I obtained 7 grs. only; on two table forks, 6 grs.; on two dessert spoons, 4 grs.; on two dessert forks, 4 grs.; on two tea spoons, 2 grs., being one grain to each tea spoon—I stripped both Russell's and Cotton's in from one to two minutes; by the same process it took me from twenty to twenty-five minutes to strip Elkinton's—the foundation of these articles is third quality metal; it is a very common article—I saw Mr. Round test Mr. Attenborough's; I agree with him as to the value of the test, I did not exactly go into figures with him—I have known the prisoner for about two years—he is not a manufacturer at Sheffield to my knowledge; I knew him as a dealer in London, occasionally travelling in the country, as rather a better class of hawker, supplying hotels and so forth, not travelling as a commercial man—I have not known him with any manufactory; I think he has had the place in Dyers'-buildings about nine months; before that he was at some other building, no great distance from there, Staple's Inn buildings, I think—he had no warehouse there, merely an apartment, a lodging—the place in Dyers'-buildings was fitted up with glass cases, and so on, for his goods, commonly called a warehouse.

Cross-examined. Q. How long have you been in London Wall? A. Four years in London Wall, but not at my present address—for the first

two years I carried on business by myself, partly as a dealer, and also as an agent for several Birmingham and Sheffield houses—we are still agents for some houses—we are not directly manufacturers of plated goods, we say that we are manufacturers of electro plate, and we are justified in saying so; we buy goods of the manufacturers in an unfinished state, and have them plated and finished in London—as a matter of strict fact we are not manufacturers—we do not represent ourselves to the public as manufacturers at Sheffield—we have an establishment at Birmingham for the manufacture of jewellery, but not for electro-plate—the firm there if Bostick—we have been under arrangements with him for five years, to take all he can make; we take the whole of his produce; if any one went there to buy goods, they would be bought in our name; they do not sell to any one but ourselves—we sell plated spoons and forks—there is some great trash made for the Spanish market that is unsuited to any other—it is impossible to cover spoons with a less covering of silver than these; but it is possible to have a brass foundation instead of German silver—I am not an assayer, but we have at times to strip them after plating, where there are certain mishaps.

The JURY. found the prisoner GUILTY. of fraudulently representing that the goods had as much silver on them as Elkinton's A, and that the foundations were of the best material, knowing that to be untrue, and that in consequence of that he obtained the money Judgment reserved.

Reference Number: t18570202-351

351. JOHN PHILIP WHITER , burglary in the dwelling house of Ulrick Spegelhelder, and stealing one watch; value 5l. 10s. his property; to which he

PLEADED GUILTY . Aged 20.— Confined Nine Months.

Reference Number: t18570202-352

352. EDWIN WILLIAM FILLIS , feloniously wounding Richard William Apps, on his eye, with intent to do him grievous bodily harm.

MR. MAC ENTEE. conducted the Prosecution.

RICHARD WILLIAM Apps . I live at No. 2, Hatch-row, Broadway, Lambeth. On 13th Dec. I saw the prisoner pass my house—just before he passed, when he was just by No. 1, he said, "Mr. Apps, it is a long time since you and I have spoken to each other"—I made a reply, "I hoped it would be a very great while longer"—there was no further remark—he passed two houses further down, and he said that I had been speaking ill of his wife in a public house, and knowing I had not been there, I went down to save his wife from a thrashing, which he was in the habit of giving her—I went to his house, and he said to me, "Go away from my place"—I said I would, and my wife came up and caught me, and said, "Come away"—I said, "I will"—I was just on the point of turning round and he struck me with a hammer—it was not the one produced in Court, it was One much larger—he hit me in the left eye, and said, "Take that, you b——"—I cannot say whether I fell, for I did not remember anything for a day or two—I do not recollect anything after I was struck—I had not said anything to provoke him before he gave me that blow, not one word—my wife was with me when the blow was struck—she caught me by the sleeve, I was in my shirt sleeves—the sight of my left eye is entirely gone—I have been suffering in my other eye—the doctor says he does not think I shall be able to see to do work much longer.

MARY ANN Apps . I am the prosecutor's wife. On the evening of the 13th Dec. I was with him at the prisoner's door—I said to my husband, "Come away," and I took him by the hand—I had no sooner said that than

the prisoner struck him with the hammer—I had him conveyed away quite insensible.

JAMES PIPE . (policeman, L 111) I took the prisoner on 14th Dec.—I told him he was charged with violently assaulting Richard William Apps—he said, "I am very sorry for it, I hope God will forgive me"—I asked him which was the weapon he used for the purpose, and he got this hammer and produced it.

FREDERICK CHARLES JONES, M. D . I live in Blackfriars-road. I was called to visit the prosecutor—I found him insensible, and with the left eye very much injured, a portion of the nose and the left eyebrow cut—I have attended him since—the result is that the left eye is entirely lost to him—I believe there are no means whatever of its being restored—the right eye is sympathetically affected, and it will render it impossible for him to pursue his trade for some time—I do not think this hammer could have produced the wound—there appears to have been but one blow given, and the diameter of the wound is much larger than this hummer.

Prisoner's Defence. On the evening of 13th Dec. I was returning to my home after taking home some work when, coming to the top of Hatch-row, I encountered Mr. Apps; he asked me how I did; I said, "Well, Mr. Apps, how are you?" to which he replied, "Oh, I am very well, how are you?" feeling pleased at his speaking to me, for we had not spoken friendly for about seven months, I said, "Are you going to be friends and make up our difference?" he then replied, "We shall never be friends again, see what you called my wife;"I then said I did not speak that foul word to your wife; if that is your temper I will wish you good night, saying as I left him, "See how basely you perverted the words I said to you at the Mitre about my wife;" returning inside my own little shop, I began to put up my tools, it being Saturday night, when Mr. Apps came, and slapping his hand on my counter, said, "You did say that you first met your wife at a low concert room;" I then told him to leave my shop, upon which he said, "Come outside now and I will punch your b—head for you;" he very well knew that the sinew of my right arm was injured that I could not properly defend myself; he kept on using abusive words, when I told him twice more to leave my shop, and he would not, when having my hammer in my hand, and about to put it on my seat, I unfortunately struck him, I knew not where at the time, for which I am ashamed, and shall never forgive myself; what made my excitement worse was the feet of our having all our clean washed linen stolen out of our wash house on Friday night, which upset me all day on the Saturday, and I eat very little all day, and then going out in the evening, and having two glasses of old ale along with a customer, I was very excitable; I did not strike him with a malicious intent; I sincerely regret and repent of what I have done; I have a wife and five children; I have been in prison more than seven weeks already.

GUILTY. of unlawfully wounding. Aged 48.— Confined Nine Months.

Reference Number: t18570202-353

353. WILLIAM ROSE, JAMES LOW , and WILLIAM RUSSELL , breaking and entering the counting house of William Wagstaff and another, and stealing 1 level, value 14l. 86 books, value 3l. 2 cash boxes, value 5l. and 1 coat, value 10s. their goods.—2nd COUNT. receiving the same.

MR. COOPE. conducted the Prosecution.

HENRY BARRET . (policeman, L 81). Between 12 and 1 o'clock in the night of 8th Jan. I was in Commercial-road, Lambeth—I saw the prisoners Rose and Low go down the wharf of Messrs. West and Wagstaff—Russell

remained outside—in a few minutes I came out of the place where I had been concealed, and Russell went into a public house—I saw him come out again, and go down a street leading to the wharf—I followed him down, and when I got about thirty yards I met him, and he said, "It is a mild night"—I said, "Yes, it is"—I went to the counting house, and saw the door had been broken open; I went in, and found the desks had been broken open, and papers were strewed about—I came out, and concealed myself, and I saw in a few minutes Rose coming in a direction from the counting house door—I walked towards him, and he ran away—I pursued him and captured him about 200 yards away from the wharf—just before I got to him, he threw this masonic band away—I gave him into the custody of another officer, and I went back to the wharf, and met Low coming in a direction from the wharf—I stopped him—the counting house is at the bottom of the wharf—I asked Low what he had got about him—he said, "Nothing"—I said he must go to the station, on a charge of breaking into the counting house of Mr. Wagstaff; he said he knew nothing about it, but he could tell me something about it—he said he saw two men run out of the yard, and drop a parcel, and he picked it up, and had got it in his pocket—after that he said, "I suppose I can go now?"—I said he most go with me to the station, and on the way there I heard something drop, which I supposed was keys—I looked about as well as I could, having the prisoner in one hand—I could not see anything but an iron pencil case—I took Low to the station, and returned to that spot—I there found this common lock key.

Cross-examined by MR. LAWRENCE. Q. Where was it this conversation took place between you and Low? A. About fifty yards from the wharf—when I went back to the place, I found this key, it was 200 or 300 yards away from the wharf—this is the pencil case—it was chucked over into a garden, over a low fence—this was all I found first—the first thing I saw was Rose and Low go down the wharf; that was between 11 and 12 o'clock—it was very light; near a public house—I produce a cigar tube, which was found on Low, and seven keys.

NICHOLAS WILLAM BENNETT . I am in the employ of Messrs. West and Wagstaff. I live at the top of their wharf—on 8th Jan. I locked up the premises at half past 5 o'clock in the afternoon—the counting house was locked—it is over a shed—there is a door to that shed—I fastened that door, and put the key into my pocket.

THOMAS WEBBER . I am potman at the Red Cross public house, New-gate-market. I know the three prisoners; on 8th Jan. I saw them all three at our house, about a quarter or half past 10 o'clock; Rose gave me a level, and Russell and Low each gave me a cash box—they put them into the back yard—they asked me for the key, and put them into my pot house—Rose gave me a tool—the prisoners were all together—Rose put this behind the spout leading from the kitchen—Rose gave me this macintosh, and Russell gave me this hat.

Cross-examined. Q. Did Low give you anything? A. Yes, he brought in one cash box—this tool or chisel Rose gave me—he told me he put it behind the spout.

Rose. Q. Did you lend me the key? A. Yes—you asked me for the key, to put something in, and I gave it you—I was not there at the time you put the things in—when you came out, you told me you had put this fool behind the spout.

Russell. Q. Did you ever lend me any money on things stolen? A. No—on

that night when you came, you asked me to lend you a half crown piece, which I did, and the next day you came and asked me to lend you 1s.

Russell. Q. When I came the next morning, that cash box was broken open, and you had the key, and you said you would give 25s. for the box before it was broken open; did you not break that box open? A. No—I do not know who broke it—these are just the same as they were brought in—you asked me for the key; I gave it you, and you went in.

Russell. You said you would give me 25s. for the box before it was opened; if your box was searched, I dare say there would be many things found there.

WILLIAM WAGSTAFF . I am partner with Mr. West; we are coal and coke merchants. On 8th Jan., about midnight, I was called up by the policeman; I found my counting house had been broken open, and the things taken away—these articles were on my premises on the day previous—I can identify all but this hat—this level belongs to the Sewers Commissioners—it had been left on our premises.

Cross-examined. Q. You know these cash boxes? A. Yes, I tried them with my keys, at the police station—they are ours—one belongs to my partner, and one to myself.

CHARLES THOMAS GAYLO . (City policeman.) I took Russell into custody in Drury-lane, on 13th Jan.—I afterwards went to the Bed Cross public house, in Newgate-market; I searched the dust bin in the cellar; I found these and some other things covered in the dust bin—I was with Allen when he found this chisel behind the water spout.

Cross-examined. Q. Do you know the prisoners? A. I know them all—I know nothing against Low—I believe he has been led into this—I believe he was married the day before this took place.

ROBERT ALLE .(City policeman. 321). I found this chisel; I went to the counting house, and found marks of the width of this chisel on the counting house door. (Low received a good character.

ROSE— GUILTY . Aged 18.— Four Years Penal Servitude.

LOW— GUILTY. Aged 20.—Recommended to mercy by the Jury. Confined Six Months.

RUSSELL— GUILTY .

Russell was also charged with having been before convicted. CHARLES THOMAS GAYLOR.

re-examined. I produce a certificate—(Read: "Central Criminal Court, August, 1855. William Russell convicted of larceny, and sentenced tosix months imprisonment")—the prisoner is the person.

RUSSELL—GUILTY. Aged 30.— Four Years Penal Servitude.

(There was another indictment against Rose and Low.

Reference Number: t18570202-354

354. ROBERT KIRBY, HENRY HART , and JAMES EDNEY , stealing 2 barrels of flour and 1 sack of barley, value 4l. the goods of William Wright Landell, the master of Kirby: to which

KIRBY PLEADED GUILTY . Aged 50.— Confined Eighteen Months.

MR. RIBTON. Conducted the Prosecution.

ADAM BURN . I am clerk to Mr. William Wright Landell, of Thomas-street, Horselydown—he has a warehouse in Shad Thames, the prisoner, Kirby, was his foreman there. On Tuesday, 27th Jan., I saw him leave his house about a quarter past 1 o'clock, I followed him—I afterwards saw him at the warehouse, at Shad Thames—he and Edney were there loading a cart, Edney was in the cart and Kirby was putting in a barrel of flour—I asked Kirby for the order that he delivered the goods on—he told me he had

no order, and he told Edney to drive off, and Edney drove up Shad Thames very fast—I followed him and came up with him—the cart was stopped by some carriages in the street, I desired him to come down, and he went with me to the counting house, and I told the other clerks what had happened, we went to Mr. Landell, and he gave Edney in custody, and the cart and horse—I afterwards saw Kirby give this order to Mr. Landell—(Read: "Mr. Landell. Deliver to bearer two barrels of flour and one sack of barley, as per order lodged. H. Hart.")—I saw this other paper, found on Kirby, at the station, "Mr. Malin, baker, Bermondsey New-road"—when an order is presented, the foreman or the carman is obliged to come to the counting house, to have it signed by one of the clerks, before the goods are delivered, but this order has never passed through the counting house—it is not signed—Hart had no authority whatever to write an order for the delivery of goods—I observed, when the cart drove off, that there were two barrels of flour in it and one sack of barley.

Cross-examined by MR. LILLEY. Q. What time was this? A. A quarter past 1 o'clock in) the day, Kirby told Edney to drive off—when Edney stopped, he made no difficulty when I desired him to come down, and go with me—he went eight or ten minutes' walk with me—he took his horse and cart with him—Kirby had been in our employ since last April—I never saw Hart before—I have been two years and a half in Mr. Landell's employ—it is the foreman's duty to manage the goods that are deposited in the wharf, but we get an account every night of what comes in—we keep the account in a book, and I can remember it—I cannot tax my memory to mention the name of every person whose goods are deposited in the wharf.

COURT. Q. Are you able to state that Hart had no goods there? A. No—I have not the books here—when a man buys flour he writes an order—I looked at all the open accounts, and there is no order lodged for Hart.

MR. RIBTON. Q. When you have goods there, you have an order? A. Yes, and from the non-existence of the order, I am able to say there are no goods there—I never knew an order to be lost.

MARTIN KIRBY . I am clerk to a firm in Shad Thames, Hart was fore-man there—he was discharged on 22nd Jan.—I believe the whole of this order is Hart's writing—this pencil marked paper is not the same writing as the order—I am not able to say whether it is Hart's writing.

JAMES MCINTOSH . I am an inspector of the M division of police. On 27th Jan. I had Kirby in custody, in the station, he gave me this order and this piece of paper with the pencil mark on it.

AMBROSE BITTE . (policeman, M 229). On 27th Jan. I had Kirby in custody—I took Hart also, I told him he was charged, with two other men in custody, for obtaining two barrels of flour and a sack of barley, of Mr. Landell, he made no reply—he was not sober at the time—the next morning, at 10 o'clock, when I was going to bring him up to the Court, the charge was read over to him, and the inspector showed him the order and asked him if he knew anything about it—he said, yes, it was his writing.

JOHN FEATHERSTON . (policeman, M 250). I received charge of Edney on 27th Jan., I told him he was charged with having stolen property in his possession—on the way to the station, he said he knew nothing about them—he was engaged by a tall man he knew nothing of—when at the station, he said, "If I must tell the truth, I bought the two barrels of flour of Hart, for 30s. a barrel, and sold them this morning to Mr. Malin, a baker, in Bermondsey New-road."

Cross-examined. Q. Did you take any memorandum of what he said?

A. No, it was on the way as he was brought down the street—I knew Edney before, and knew where he lived—he keeps a chandler's shop in Bermondsey, and he has a horse and cart of his own—whether he lets it on hire, I do not know—I have known him about twelve months—he has lived in the same place since I have known him.

MR. MALIN. I know Edney. On 27th Jan., I saw him at his own shop, between 9 and 10 o'clock in the morning—he paid me a little bill, and he said, "I have two barrels of flour to sell"—I said, "What quality?"—he said, "I will bring you a sample," and he brought me round one—I told him I would give him 31s. for that quality—I did not see him again till he was in custody.

Gross-examined. Q. Edney has dealt with you for some time? A. Yes, ever since he kept the shop—he pays his bills every Tuesday morning, and bears the character of an honest man.

MR. RIBTON. Q. Do not you know he has been summarily convicted? A. I heard at the Police Court that he had, about some oats, and was fined 1l.

MR. LILLEY. Q. Do not you know he was fined for not having his name on his cart? A. I cannot say what it was for, I heard it was about some oats—I heard the man was convicted that employed Edney to carry the oats, and that was the occasion on which he was fined 1l.

ALEXANDER WELBY . I know Hart, and I know Kirby—I have seen them together, more than once—the last time was on 19th Jan.—I have seen them half a dozen times.

FREDERICK ING .(police sergeant, M 27). I know Edney—I stopped him twelve months ago, at half past 6 o'clock one morning—he and another man were carrying two sacks of oats—the prisoner was convicted and fined 1l . ora month's imprisonment; the other man had two months.

Cross-examined. Q. Have you a record of the conviction? A. Yes; I was the policeman in the case—I am sure I am correct—it was not the other man who was convicted for the oats, and the prisoner was fined 1l. for not having his name on his cart—it was left over for him to be summoned, but he never was summoned—I am quite confident as to that—that was on 14th Jan., 1856—here is a memorandum of it—this is what I call a record.

Hart's Defence. On 21st Jan. Kirby came to me and told me he had two barrels of sour flour and a sack of barley; he asked me if I could find a customer for them; I said I would try; he took me into the warehouse and drew samples; I saw Edney, and the next morning I met Kirby, and told him I had got a customer at 23s. for the flour, and 10s. the barley; I left him and went to the Ship tavern, and in a short time he came and said I might have the goods; they would be delivered any time; I asked him if the order was all right; he said, "Yes;" I asked him what name of the ship I was to put on the order; he said, no name of the ship, but per order lodged; I did as I was desired, and called on Edney and told him he could have the goods, and on the following Tuesday he fetched the goods away; it appears that Kirby received the order from Edney, and delivered the goods on his own responsibility, thereby doing away the validity of the order; Edney gave the order to Kirby, therefore I consider the blame rests on those two persons, and not on me; I only obeyed the instructions of Kirby, who employed me.

HART— GUILTY . Aged 34.— Confined Nine Months.

EDNEY— GUILTY . Aged 38.— Confined Twelve Months.

Before Mr. Common Serjeant.

Reference Number: t18570202-355

355. ANN ROBERTS , unlawfully uttering counterfeit coin: to which she

PLEADED GUILTY . Aged 18.— Confined Six Months.

Before Mr. Baron Brarmwell

Reference Number: t18570202-356

356. JOHN PLUMLEY , feloniously uttering a forged 5l. note, with intent to defraud.

MESSRS. GIFFAR. and BAYLE. conducted the Prosecution.

CHARLES LANGDON . In May last I was waiter at the Flora Gardens, Camberwell—the prisoner had also been in that service a short time before that—I do not recollect exactly when he left, I think it was before May—I have known him above a twelve month—on 13th May I was in the Gardens—the prisoner came up to me, I spoke to him first, and asked what he was going to stand—he asked me to get change for a note—he gave me a note, and I took it to the Clarendon Arms, kept by Mr. Fletcher—he gave me change for it—I took it back to the prisoner, and he treated us—on Sunday, 18th May, the prisoner came to me again in the Gardens—he asked me to get change for another note—he gave it me, I took it to Mr. Woolcock's public house, got change for it, and brought it back to the prisoner—he treated us again—next day, the 19th, he came to me again in the Gardens, and asked me to get change for another 5l. note—I took it to Mr. Fletcher's, I did not get change there, I got it at Martin's; I took it to the prisoner, and he gave me 1s. between Nightingale and myself—I did not see anything more of the prisoner after that—I was myself taken into custody, and tried in this Court, and acquitted.

Prisoner. Q. Do you recollect my telling you that the money was not for myself when you asked me if I could not give you some of the money? A. No; you said you were going to buy some clothes.

RICHARD WOOLCOCK . I keep the Windmill public-house in Wyndham-road, Camberwell. On Sunday, 18th May, I received a 5l. note from Langdon—I endorsed it with the name and address of Mr. Stacey, of the Flora Gardens—this is the note (produced), and this is my endorsement—Mr. Stacey is part proprietor of the Flora Gardens—I knew Langdon as waiter there.

HENRY MARTIN . I keep the Prince Albert public house at Camberwell. On 19th May last I received a 5l. note from Langdon—this is it (produced)—I wrote this on it, "Mr. Stacey, Flora Gardens, Wyndham—19—5—56."

CHARLES FLETCHER . I keep the Clarendon Arms, Wyndham-road, Camberwell. On Tuesday, 6th May, between 8 and 9 o'clock in the evening, I saw the prisoner sitting in the parlour—a young woman, named Julia Bryant, came out of the parlour and offered me a 5l. note—in consequence of what she said to me I sent her back again into the parlour—shortly afterwards the prisoner came out of the parlour and presented me a note—I gave him change for it—I asked him his name—he said, "John Plumley, No. 24, Peacock-street, Newington"—I asked him to put his name on the back—he said he would, and that any one knew him about there—this is the note (produced)—on 13th May I received a note from Langdon—I gave him change for it, and wrote on the back of it—this is the note (produced)—I paid one of those notes away on the 16th to Messrs. Truman's, and it came back to me on the Tuesday following stamped, "Forged"—I went with Mr. Stacey and Langdon in search of the prisoner—I could not find him—I went to the address that was on the note, and saw his wife—I did not go more than once—he was not there then.

JANE GODDARD . My husband is a barber in Oakley-terrace, Old Kent-road. On Saturday, 10th May, the prisoner came to our shop with his mother—he asked for change for a note—I said I would change it if he would put his name on the back of it—he handed the note to me, I returned it to him to put his name, and he put his name only—I told him to put the address—he turned to his mother and asked what address he should put on—she said, "Put your uncle's address if he has sent it to you"—he had told his mother that his uncle had sent him the note—he put "John Plumley, Shepton Mallet, Somersetshire"—he wrote that in my presence—this is the note (produced)—I gave him change—he bought a few biscuits, I think, for his mother—I paid away the note, and it was returned to me on the following Monday marked, "Forged"—I inquired at the address he had given, and he was not to be found.

COURT. Q. You do not mean that you inquired in Somersetshire? A. No, I knew he did not live there; that was his uncle's address—I did not know where he lived—I applied to his mother.

Prisoner. Q. In consequence of what you agreed with my mother, did she not pay you the 5l.? A. Yes—I had known her for twelve years—I should not have changed the note but for her being with you.

REBECCA TURNER . I keep a coffee shop at No. 37, London-road. The prisoner lodged there from Christmas, 1854, till March, 1855—he came again, in July 1855, and stayed till Sept.—at that time he left 15s. unpaid—he used to call occasionally from that time till May last—on 12th or 13th May he called about 1 o'clock, and said he was going into the City to see an uncle of his, to endeavour to get some money—he was to meet him at 4 o'clock—he returned between 5 and 6 o'clock, and asked me how I thought he had got on—I said, "I don't know"—he said that he had got a fiver, meaning a 5l. note—he asked me if I would change it for him, and ordered some tea—I gave him change—he gave me the note—he said he was not able to pay me the whole of the 15s., but he would pay me 5s. (I had asked him for what he owed me)—I gave him 4l. 15s.—I handed him a pen and ink, and he signed his name to the note—this is it (produced)—I paid it away on Friday, 16th, to the tax gatherer—it was returned to me on the Tuesday, branded "forged"—I went to look for the prisoner two or three times, but did not find him.

SAMUEL COPPI . (police sergeant, P 15). One 19th May last, I received information about the prisoner—I went to his house a great many times, and watched it; I did all I could to discover where he was, had him gazetted, and circulated it in all directions—on the 1st of this month I went down to Sheerness, and on the 2nd, found him at a lodging house, passing in the name of George Sinclair—I asked him to step outside, and told him I had come from London, to apprehend him for passing some forged 5l. notes;"In the first place," I said, "those three you gave Charley, the waiter," meaning Langdon—he said, "Yes, quite right"—I said, "Then the next you passed yourself to Mr. Fletcher at the Clarendon Arms?"—he said, "Quite right"—"And the next you passed at Mr. Briant's coffee shop in the London road?" that is the one kept by Mrs. Turner—he said, "Quite right"—I said, "And the other where you went with your mother, at Mrs. Goddard's, the baker's, in the Old Kent Road?" he said, "Quite right"—I said, "Making a total of six?"—he said, "Yes; and I will tell you all about it, and something that will do you some good"—I said, "Very well"—he then said, "I shan't tell you now."

Prisoner. Q. Did not I tell you the person whom I got them from? A.

Yes; you mentioned a name next morning, you said you had two of the notes of a man named McCarthy, and the other four from Jemmy Barker, and Jemmy Murty—from what you said to me I had a communication with Barker—Murty has been transported from this Court for a garotte robbery; Barker is a man well known in the same society—I had McCarthy at the police court on the day of your examination, for the purpose of having anything explained; he keeps a barber's shop in the Minories—I had no evidence against him except your statement—he said he knew you by the name of the Alma; it appears that the prisoner has represented himself as having been out in the Crimea, and they used to call him the Alma.

JOSEPH BUMSTEAD . I am an inspector of notes at the Bank of England—these notes are all forged and all from the same plate, the numbers differ, they are put on separately.

Prisoner's Defence. I had the notes from the parties I mentioned, three from M'Carthy for a debt of 11l. which he owed me; I gave him the difference; he denies now that he knows me, but I can bring a witness to prove that he does, and that I was continually at his shop, and he was very often at the coffee shop, inquiring for me; the others that I gave to the waiter were brought there by Barker, I was constantly visiting at the gardens, and I was asked to change them; Langdon asked me if I could not give him something more, after giving him something to drink, and I told him I could not, for the money did not belong to me; I did not know they were forged; I never saw a forged note in my life before.

GUILTY . Aged 30.— Six Years Penal Servitude.

Before Mr. Recorder.

Reference Number: t18570202-357

357. ANTHONY GARDINER was indicted for a robbery, together with a person unknown, upon Frederick Brownhill, and stealing a medal, value 5s.; his property.

MR. SLEIGH. conducted the Prosecution.

FREDERICK BROWNHILL . I am a private in the first battalion of Cold-stream Guards. On Wednesday night, 21st Jan., I was in the Walworth-road—a house was on fire there—I rendered what assistance I could to put the fire out—I was at that time wearing my Crimean medal and the Sebastopol clasp—after the fire was put out, I went across to a public house to have something to drink—while I was there I saw the prisoner—after having something to drink, I proceeded towards my home, and when I had got about 300 or 400 yards I was seized from behind by two men, and thrown on my back in the road, and my medal disappeared—I saw it on the 23rd in the possession of the police.

Prisoner. Q. How long was it before you lost your medal that you had seen me? A. Twenty minutes or half an hour—I was. not unbuttoning my coat and wanting to fight persons.

COURT. Q. You say your medal disappeared; was it so fastened that it might have fallen off? A. No, it fastens inside my jacket with two rings—I felt a pull at it, and then found it gone.

GEORGE HULL . (policeman, P 164). On the night in question, near 8 o'clock, I saw the prisoner outside the White Hart public house—he was about three feet from the prosecutor—I noticed that the prosecutor had his medal on him then—I saw him go away up the road, and the prisoner close behind him, with another man.

JOHN MEASURES . (policeman, L 160). On the Thursday morning after this fire occurred, I saw the primmer, between 3 and 4 o'clock, in the Waterloo-road, quarrelling with another man and a woman, and wanting to

fight—the man was telling him to go about his business, and the prisoner said, "Come and have some rum, or some coffee, or some brandy, if you like, for I have a soldier's medal;" a constable came up, and said, "Where is the medal?" he put his hand into his pocket, pulled out this medal, and showed it to us; he said that some man had given it to him to take care of; not feeling satisfied, I asked him to explain a little further where he had got it from; he said, a soldier, of the name of Thurley, had given it to him, on Walworth-common, to take care of—I ultimately took him into custody.

GUILTY . Aged 28.— Confined Twelve Months.

Before Mr. Common Serjeant.

Reference Number: t18570202-358

358. JANE RUSSELL , and ELIZABETH FOSTER , unlawfully uttering a counterfeit shilling, having another in their possession.

MESSRS. BODKIN. and POLAND. conducted the Prosecution.

SELINA SARAH SHORT . I am thirteen years old, my father keeps the Torbay public house, at Rotherhithe. On 19th Jan., about 8 o'clock, the prisoners came—Russell asked for half a quarter of rum, and gave me a shilling, which I put into the till, and gave her 9 1/2 d. in change—there was another shilling there—when the prisoners had gone, I took the shilling out, and found it was bad—I went out and saw them on the opposite side of the way—I told Russell that she had given me a bad shilling—she said, "Is it? my friend gave it to me then, and she has got the change"—Foster was not near enough to hear that, she was about five yards off—Russell said, "Let me run after her and get the change"—I said that I could not let her, she must come back with me—she returned with me to the public house—a policeman was sent for, and she was given into custody—I gave the shilling to my father—I went to the station, and while there, Foster was brought in, and a sixpence, and 3 1/2 d. in copper found on her.

DAVID SAMUEL SHORT . I keep this public house, at Rotherhithe. I saw Russell at my house—she had then been brought back—I did not see her when she had the rum—my daughter gave me a shilling—I asked Russell where she got it; she said that her niece gave it to her, and wanted to go out of the house, but I would not let her, and sent for a constable—she had a half quartern loaf, tied up, which she wanted to leave with me for the value—I went to the station and saw Foster brought in—Russell said in her hearing, "I picked the shilling up in the Thames-tunnel"—no money had been taken from Foster at that time.

WILLIAM PRIEST . (policeman, M 271.) On Monday evening, 19th Jan., I was sent for to Mr. Short's—he gave me a shilling, and I took Russell into custody—I asked her where she got it from—she said that her niece gave it to her to get something to drink—I took her to the station—she was searched, and half a quartern loaf, and her marriage certificate was found on her.

THOMAS FORDHAM . (policeman, M 260). I took Foster about half past 9 o'clock—I stopped her near the Torbay public house, and asked her whether she had been in the public house with an old lady—she said that she had—I told her that she must go to the station house with me—she had four shillings in her hand, wrapped up separately in paper, the paper passed between each of them—I asked her what she had got—she made me no answer, and I took it from her—she was searched at the station, and two sixpences and 5 3/4 d. in copper, in good money, were found on her—I asked her where she lived—she said, "Close to the Tunnel, near Rotherhithe"—I asked her

the name and the number of street—she said she did not know—she gave no account of how she got the money—I could not find where she lived.

WILLIAM WEBSTER . I am inspector of coin. This shilling which was uttered, is bad—these four shillings are also bad, and one of them is from the same mould as the one uttered by Russell—the other three are from different moulds.

RUSSELL— GUILTY . Aged 42.

FOSTER— GUILTY . Aged 17.

Confined Six Months.

Reference Number: t18570202-359

359. HENRY JOHN LOCK , unlawfully obtaining 124 yards of lace, and other articles; the goods of Richard Evans; the sum of 14s. 6d., of Joseph Clayton; two table covers, of John Swinford Bassett; and 11s. 6d., of James Sorrel, by false pretences: to all of which he

PLEADED GUILTY. Recommended to mercy by the Prosecutor. —Aged 48.— Confined Six Months.

Reference Number: t18570202-360

360. ALFRED ANDREWS , stealing 2 coats, and 1 waistcoat, value 30s.; the goods of Henry Charles Stace, and others; having been before convicted: to which he

PLEADED GUILTY . Aged 22.—(The deputy governor of a reformatory asylum, stated, that the prisoner had been a voluntary inmate there since the expiration of his three months imprisonment.)— Confined Six Months.

Reference Number: t18570202-361

361. HARRIETT JOHNSON , unlawfully uttering counterfeit coin: to which she

PLEADED GUILTY . Aged 20.— Confined Nine Months.

ADJOURNED TO MONDAY, MARCH. 2ND. 1857


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